Germany — Can an employer hold an intern personally liable for unauthorized software use?
I am the owner/manager of a company in Germany, and we recently had an issue involving unauthorized use of a software product.
The software manufacturer/parent company allegedly detected unauthorized use at our company through our IP address and a MAC address.
They subsequently contacted us about the matter.
To resolve the issue and avoid the matter escalating further, we agreed to purchase a licence through a local reseller. The cost of this was €XX,XXX.XX .
Based on the information available to us, we believe that the unauthorized use was caused by one of our interns, who had used the software during their internship.
We subsequently sent the intern an email stating words along the lines of:
“Your unauthorized use cost the company €XX,XXX.XX . ".
We also forwarded the relevant email exchange with the reseller showing the licence offer/cost.
We did not explicitly ask the intern to reimburse us, state that they are legally liable for the amount, or give them a deadline for payment.
We simply informed them that their unauthorized use had resulted in this cost to the company.
My questions are:
- Does the wording of our email amount to a claim against the intern, or would we need to explicitly demand reimbursement?
- Could the intern’s failure to respond be interpreted as accepting responsibility or liability?
- If we believe the intern is personally responsible for the cost, what would we need to do to formally pursue reimbursement?
- Are there particular issues with holding an intern/employee personally liable for this kind of software licensing cost under German law?
- Does the fact that the software manufacturer identified the company’s IP/MAC address and we subsequently purchased a licence establish sufficient grounds for us to attribute the cost to the intern?
We are not trying to improperly pressure the former intern; we mainly want to understand whether the email we sent already has legal significance and what the appropriate next step would be if we believe reimbursement is warranted.