- Business in Poland -
Cease and desist letter for infringement of personal rights – template and procedure
A cease and desist letter for infringement of personal rights is a written demand addressed to a person, company, editorial office, employer, contractor or another entity whose conduct infringes, or threatens to infringe, personal rights. Its purpose is to bring the infringement to a prompt end, remove its consequences and protect the injured party’s interests before the matter is taken to court.
The personal rights of individuals are protected primarily under Articles 23 and 24 of the Polish Civil Code, while Article 43 of the Civil Code also applies accordingly to legal persons. The catalogue set out in Article 23 of the Civil Code is open-ended and includes, among others, dignity, reputation, name, image, privacy, secrecy of correspondence, inviolability of the home, and scientific, artistic, inventive and rationalisation work [1]. In business practice, infringements often concern an entrepreneur’s goodwill, the reputation of management board members, media publications, online statements, employee communications, marketing materials or disputes between shareholders.
When should you send a pre-litigation letter concerning personal rights?
A pre-litigation letter concerning personal rights is worth considering when the infringement can be described, documented and linked to a specific entity. This applies in particular where:
- false or unreliable information about a person or company has been published,
- someone’s image has been disseminated without consent where such consent was required,
- defamation has occurred in the media, online, in correspondence or in internal communications,
- privacy, secrecy of correspondence or special categories of personal data have been violated,
- a contractor, former employee or competitor is publishing content damaging reputation,
- an editorial office refuses to correct material or publish a rectification.
In media and reputation matters, a rapid response is crucial. The longer the content remains publicly available, the more difficult it may be to limit the consequences of the infringement. In such cases, support from lawyers specialising in personal rights and media law may be particularly useful.
What should an effective cease and desist letter for infringement of personal rights include?
There is no single official letter template. The document should be tailored to the facts of the case, the type of infringement and the objective to be achieved. In practice, a well-prepared letter should include:
- identification of the parties - details of the person or entity sending the demand and the recipient of the letter,
- description of the infringement - specific statements, publications, actions, dates, places, links, screenshots, recordings or documents,
- identification of the infringed personal rights - for example reputation, dignity, privacy, image or the entrepreneur’s goodwill,
- legal basis - in particular Articles 23 and 24 of the Civil Code, and in relation to legal persons also Article 43 of the Civil Code, as well as, where necessary, provisions of the Press Law, the Criminal Code or other statutes,
- demands - cessation of infringements, removal of content, publication of an apology, rectification, payment of compensation or payment of a sum for a social purpose,
- deadline for compliance - usually from 24 hours to 7 days, depending on the scale of the infringement and the risk of further harm,
- notice of further action - for example filing a lawsuit, applying for interim relief, notifying law enforcement authorities or taking action against the platform administrator.
The wording of the letter should be firm but precise. An overly emotional tone or disproportionate demands may make subsequent proceedings more difficult. A well-prepared letter demanding cessation of infringement of personal rights structures the dispute and shows that the injured party is acting consistently.
Letter template - sample structure
The outline below is for information purposes only and does not replace a legal analysis of a specific case.
Place, date
Sender’s details: full name or company name, address, contact details.
Recipient’s details: full name or company name, address, email address if used for communication.
Subject: Cease and desist letter for infringement of personal rights.
On behalf of the person or entity whose personal rights have been infringed, it is stated that on [date] [description of the act, publication or statement] occurred. This conduct infringes [indication of personal rights], in particular by [brief description of consequences].
Pursuant to Articles 23 and 24 of the Civil Code, and in the case of legal persons also Article 43 of the Civil Code, the recipient is requested to:
- immediately cease further dissemination of the indicated content,
- remove the publication or material from the specified locations,
- publish a statement with the indicated content and in the indicated form,
- refrain from similar actions in the future,
- pay monetary compensation or an appropriate amount for a social purpose, if justified.
Deadline for compliance: [date or number of days]. Failure to respond may result in further legal action, including referring the case to court proceedings.
Procedure after sending the letter
Before sending the letter, evidence should be secured. In online cases, screenshots showing the URL and date, copies of recordings, website archiving, correspondence and data identifying the author or administrator are of key importance. In serious cases, it is worth considering a notarial protocol documenting the content of a website [4].
The letter should preferably be delivered in a way that makes it possible to prove that the recipient received it. This may include registered mail, courier, email with confirmation, delivery through an attorney or a communication platform if the parties previously used it in their business relationship.
After the deadline expires, the recipient’s response should be assessed. Possible scenarios include removal of the infringement, negotiations regarding the wording of an apology, refusal, no response or escalation of the infringement. The next step depends on that response: a civil lawsuit, an application for interim relief, action against the platform, press rectification within the deadlines provided for in the Press Law, or notification of a suspected criminal offence if the facts justify it.
When may an infringement of personal rights not be unlawful?
Article 24 of the Civil Code introduces a presumption that an infringement of personal rights is unlawful. This means that the person seeking protection must prove that a personal right has been infringed, while the burden of proving the absence of unlawfulness generally rests with the infringer [1]. In practice, the following circumstances may be particularly relevant in excluding unlawfulness:
- consent of the authorised person,
- acting on the basis of a legal provision or in the exercise of a subjective right,
- acting in a legitimate public interest and, in certain situations, also in a justified private interest.
The assessment of these conditions always depends on the specific facts. A press article about a public figure is analysed differently from an employment conflict, a consumer review or a competitor’s online post.
Most common mistakes in a cease and desist letter
- lack of specific evidence and quotations,
- general description of the infringement without identifying the personal right affected,
- demands that are impossible to perform or disproportionate,
- too long a response deadline where the content is still being disseminated,
- failure to consider litigation risks, including possible arguments of the other side,
- publicly commenting on the dispute before securing evidence.
This material is for information purposes only and does not constitute legal advice. In matters where the reputation of an individual, management board or company is at stake, Kopeć & Zaborowski law firm analyses content, selects the appropriate course of action and prepares litigation documents. Contact with KKZ makes it possible to assess whether a cease and desist letter will be sufficient or whether it is necessary to secure claims in parallel.
FAQ - cease and desist letter for infringement of personal rights
Is a cease and desist letter for infringement of personal rights mandatory?
As a rule, it is not mandatory before filing a claim for protection of personal rights. However, it may help to bring the infringement to a quick end, demonstrate an attempt to resolve the dispute amicably and organise the demands.
How much time should the recipient be given to respond?
The deadline depends on the type of infringement. For online publications, short deadlines such as 24 or 48 hours are often used. For more complex demands, the deadline may be longer.
Can an apology be demanded in the letter?
Yes. Article 24 of the Civil Code allows the injured party to demand that a statement of appropriate content and in an appropriate form be made. The wording of the apology should be specific and connected with the infringement.
Can money be demanded?
Yes, if the conditions for monetary claims are met. It is possible to demand monetary compensation for non-pecuniary harm or payment of an appropriate sum for a specified social purpose, in accordance with Articles 24 and 448 of the Civil Code [1].
Can the letter be sent by email?
Yes, but it is advisable to secure proof of delivery or at least proof of sending. In disputed matters, parallel delivery by registered mail or courier may be safer.
Does a negative online review always infringe personal rights?
No. Criticism may be lawful if it remains within legal boundaries, is based on facts or constitutes an opinion expressed in an acceptable form. The assessment depends on the wording, context and evidence.
Bibliography
- [1] Act of 23 April 1964 - Civil Code, in particular Articles 23, 24, 43 and 448.
- [2] Act of 26 January 1984 - Press Law, in particular Articles 12, 31a and 32.
- [3] Act of 6 June 1997 - Criminal Code, in particular Articles 212 and 216.
- [4] Act of 14 February 1991 - Notarial Law, in particular Article 104.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
