Account blocked? Platform Law Attorney, Community Policy, and Account Locks
For Creator, an overnight account can cost the income. We know the complaints channels of the platforms and, if necessary, enforce their rights in court.
- Complaint after the Digital Services Act
- Out-of-court dispute resolution and urgent proceedings
- Advice on community policies before launch
Platforms may moderate, but not arbitrarily
Instagram, TikTok, YouTube, Twitch and other platforms set what is allowed in their terms of use and community policies. In the event of violations, you delete content, restrict the range, demonize channels or block accounts. Many decisions are made automatically and without comprehensible justification. For Creators whose main income is attached to an account, this is life-threatening.
The law now offers significantly more protection than just a few years ago. The Federal Court of Justice already ruled in 2021 that platforms must always provide information about an account blocker and give an opportunity to comment. Since 2024, the Digital Services Act (DSA) has created binding procedural rights for all users in the EU. We use these tools specifically.
Typical situations in which we help
- Your account has been blocked or deactivated without cease-and-desist letter.
- Videos will be deleted or provided with age restrictions.
- Your channel has been demonetarized or excluded from the affiliate program.
- Their range suddenly collapsed and they suspect a Shadowban.
- A competitor systematically reports your content with false copyright complaints.
- Your account has been hacked and the platform does not respond.
Legal basis at a glance
Legal relationship to the platform
There is a contract between you and the platform. The terms of use are general terms and conditions and are subject to the general terms and conditions control according to §§ 305 ff. BGB. Clauses that allow a ban without hearing and without justification, the BGH considered ineffective in its decisions of July 29, 2021 (III ZR 179/20 and III ZR 192/20).
Your rights according to the DSA
Platforms must justify any restriction (Art. 17 DSA), offer a free internal complaints management (Art. 20 DSA) and recognize a certified out-of-court dispute settlement body (Art. 21 DSA). Other obligations apply to very large online platforms. These procedures do not replace the way to court, but complement it sensibly.
Judicial enforcement
If complaints don’t help, you can sue for account recovery or individual content. In urgent cases, an injunction can be considered. Consumers can sue in Germany. In the case of commercial creators, the place of jurisdiction depends on the terms of use and the classification as an entrepreneur.
False copyright complaints
Abusive takedown reports can be illegal, for example as a targeted disability of a competitor according to § 4 No. 4 UWG. The URHDAG also provides for measures against repeatedly abusive reports.
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Account blocked after mass report
Situation: A creator is suspended after a wave of reports of alleged harassment. The platform is a standard text.
Legal assessment: A general justification does not usually meet the requirements of Art. 17 DSA. In addition, there is a lack of a previous hearing.
Our approach: We lodge a justified complaint, call a dispute settlement body at the same time and prepare an injunction if the ban remains.
Demonetarization for Music
Situation: A music reaction channel is demonetized because Content ID reports numerous hits.
Legal assessment: The platform may exclude copyright-problematic content from monetization. In the case of permitted uses such as quotes or pastiche, however, the creator has counter-rights.
Our approach: We check the hits individually, object to permitted uses and adjust the format in such a way that future hits are avoided.
Hacked account
Situation: An influencer’s account is taken over, the e-mail address is changed. Platform support does not respond.
Legal assessment: The Platform is contractually obliged to provide the legitimate owner with access. There are also criminal offenses.
Our approach: We document the ownership, escalate via the legal contact points of the platform and file a criminal complaint.
That’s how we go
- 1
Initial assessment
You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.
- 2
Secure evidence and deadlines
We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.
- 3
Set strategy
Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.
- 4
Implement and enforce
We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.
Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.
Common mistakes to avoid
- Constantly create new accounts, which can be seen as a bypass of the block.
- Only write via the help center instead of using the formal DSA complaints.
- Have no backup copies of content, follower lists and cooperation documents.
- The community guidelines do not know, although the business model depends on it.
Frequently asked questions about account locks
Does the platform have to tell me why I was blocked?
Yes According to Art. 17 DSA, the platform must provide a clear and specific justification.
Can I sue against Meta or TikTok in Germany?
In many cases yes, especially if you act as a consumer. We check the place of jurisdiction on a case-by-case basis.
How much does out-of-court dispute resolution cost?
For users, it is free of charge after the DSA or only with a small fee. The platform usually bears the costs.
Deepening: Further information
Influencers and creators move every day between creativity and the legal requirements of large platforms such as Instagram, YouTube, TikTok or Twitch. Our office provides comprehensive advice Platform law and supports you in the legally secure design of your content and appearances.
Avoid Platform Policy Violations
Platform operators are increasingly enforcing automated moderation and strict rules. A careless post may result in blocking or loss of monetization. We help you with the Labeling obligations implement correctly and prevent policy violations.
Blocking, deletion & strikes support
Has your account been restricted or content removed? We check the legal situation, call on platform operators to justify and restore them and represent them within the framework of judicial and out-of-court proceedings.
Get advice on platform law!
Contract and General Terms and Conditions Verification for Platform Contracts
Many platforms and networks require approval of terms and conditions or content contracts. We take over the Contract review and protect against unilateral regulations or hidden duties.
Special focus on creator communities
You are also responsible for your own platforms or communities (e.g. Discord servers, Patreon, Onlyfans, etc.): We advise on the design of your own Data protection and Terms of service and how to deal with user content and moderation.
Related Topics
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