Rechtstexte aus Produktfakten

Product-Based Legal Drafting

Write legal documents that accurately describe how the product operates, satisfy statutory disclosure rules, and remain clear and readable for users and customers.

Core Drafting Principles

1. Truthful Alignment with Product Reality:
   • Describe only the data collections, purposes, recipients, retention rules, billing mechanics, cancellation flows, and security practices that actually exist in the system.
   • Never promise unverified encryption standards, automatic deletion timelines, regional data residency, or AI training exclusions unless confirmed in the codebase and vendor configurations.
2. Clear, Accessible Language:
   • Write in precise, objective, plain language (satisfying GDPR Art. 12(1) and consumer transparency standards).
   • Define technical and legal terms when first introduced or in a concise definitions section so both customers and legal reviewers interpret them identically across all documents.
3. Separation of Mandatory Disclosures and Voluntary Commitments:
   • Fulfill statutory information duties without turning internal operational targets into binding service-level guarantees or strict-liability warranties unless explicitly decided by the business.
4. Explicit Placeholders for Unknown Facts:
   • Whenever corporate details, registration numbers, supervisory contacts, notice periods, liability caps, or retention durations are unknown, insert an explicit marker such as [PLACEHOLDER: insert company registration number] or [DECISION REQUIRED: specify B2B liability cap] rather than guessing.
5. Separation of Public Text and Internal Notes:
   • Keep the publishable document draft clean and ready for counsel review; place legal citations, rationale, codebase references, and open questions in the separate Internal Source Register, Gap List, and Counsel Review Note.

Clause-by-Clause Verification Questions

Before finalizing any material clause, verify:

1. What actual product behavior or business process does this clause describe?
2. Which users/customers (B2C, B2B, visitors) and markets does it cover?
3. What is its verified legal basis or statutory mandate?
4. Is it required by law, recommended by guidance, or a commercial choice?
5. Does the current codebase and UI actually fulfill what this clause states?
6. What factual input, business decision, or legal sign-off is still missing?

Guardrails

• Never copy another company's legal document or distinctive drafting verbatim.
• Never conflate a privacy notice (unilateral transparency disclosure) with consent collection or contractual terms.
• Never use vague catch-all phrases ("we may use your data for any business purpose") where law requires specific purposes matched to a legal basis.