The German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG) is one of the most actively enforced competition law statutes in Europe. It prohibits misleading commercial practices, aggressive marketing, inadequate product labeling, violations of statutory obligations affecting competition, and a wide range of other unfair commercial acts. Crucially, the UWG applies not only to German companies but to any company whose advertising or commercial practices target the German market — including international companies running German-language advertising, selling to German consumers, or operating websites accessible to German users.
The enforcement mechanism most commonly used under the UWG is the Abmahnung, which can be issued by competitors, trade associations, or consumer protection organizations. It demands that the recipient sign a cease-and-desist declaration, reimburse legal costs, and potentially pay a contractual penalty. Ignoring an Abmahnung typically results in a request for a preliminary injunction (einstweilige Verfügung), which German courts often grant within days. HUFELD advises international companies on UWG compliance and represents them in UWG proceedings — both defending against Abmahnungen and bringing enforcement actions against competitors who violate fair competition rules.
Running marketing campaigns or promotional activities in Germany requires compliance with a specific set of German advertising law requirements that go beyond general UWG rules. These include rules on comparative advertising (permitted only under strict conditions), mandatory requirements for particular product categories (healthcare advertising under the Heilmittelwerbegesetz, financial products, alcohol), mandatory labeling requirements, rules on price promotions and discounts, and regulations for digital advertising environments.
For international brands and agencies, key compliance areas include ensuring that advertising claims are accurate and not misleading under German law standards, that comparative claims meet the requirements for permissible comparison, that promotions comply with German prize competition rules, and that digital advertising on social media complies with labeling and transparency requirements. HUFELD advises international companies and agencies on advertising law compliance for the German market, reviews advertising materials and campaigns before launch, and advises on legal exposure when advertising disputes arise.
Influencer marketing is heavily regulated in Germany, and the rules are actively enforced. Content creators and influencers publishing sponsored content, brand collaborations, product placements, or affiliate links targeting German audiences are required to clearly label this content as advertising (Werbung) — regardless of whether they are based in Germany or abroad. The labeling requirements are strict: ambiguous labels or inconspicuous placement may not be sufficient. German courts and competition associations have brought numerous enforcement actions against influencers and the brands working with them for inadequate advertising labeling.
HUFELD advises international brands, marketing agencies, and creators on influencer marketing law compliance in Germany: reviewing influencer contracts for compliance with labeling obligations and German advertising law, advising creators on their individual obligations, advising brands on their liability for influencer content, and responding to Abmahnungen related to influencer advertising. We also advise on the broader range of social media law questions for international companies active in Germany: platform liability for user-generated content, defamation and reputational claims arising from social media content, and the take-down of infringing or unlawful content.
German press law (Presserecht) and personality rights (Persönlichkeitsrecht) create significant obligations and risks for media companies, publishers, content platforms, and any business publishing content about real individuals or third parties. Germany has robust protections for personal reputation and privacy, and courts regularly award injunctions and damages for statements that violate personality rights — even when the statements are factually true but constitute an unjustified intrusion into a protected sphere of privacy. For international media companies and digital platforms operating in Germany, content that is legally publishable in other jurisdictions may give rise to claims in Germany.
HUFELD advises international media companies, publishers, digital content providers, and platforms on German press law and content liability: the right of reply (Gegendarstellung), injunctions against false or privacy-violating publications, personality rights claims in the context of reporting and commentary, the obligations of online platforms to remove infringing content, and the interaction of press freedom with privacy rights in German courts. We also advise on reputation management matters, including pre-publication review of content for legal risk, and represent clients in urgent press law proceedings before German courts.
Yes. German competition law (UWG) applies to any company whose commercial practices target the German market — including international companies running German-language advertising, selling to German consumers online, or marketing through channels that reach German audiences. HUFELD advises international companies on UWG compliance and represents them in German competition law proceedings.
An Abmahnung is a formal cease-and-desist warning under German competition or IP law. It demands that you stop a specific practice, sign a cease-and-desist declaration, and pay costs. Responding incorrectly — or not responding — can result in a preliminary injunction application and escalating costs. HUFELD advises on the correct response strategy, which depends on whether the underlying claim is valid and what the cost and risk exposure is.
Yes. Influencers and content creators publishing sponsored content, product placements, or affiliate links for a German audience are required to clearly label the content as advertising (Werbung). The label must be unambiguous and prominent. German competition authorities and associations enforce these rules actively, including against international creators. Brands working with influencers can also be held liable for non-compliant labeling.
Comparative advertising is permitted in Germany but only under strict conditions: the comparison must relate to objective and verifiable characteristics, must not be misleading, must not denigrate or discredit the competitor, and must not take unfair advantage of the competitor's reputation. German courts apply these rules strictly. HUFELD reviews advertising campaigns with comparative elements before launch to identify and mitigate legal risk.
Yes. International media companies, news organizations, and digital platforms can be subject to German press law claims if their content is accessible to German users and affects protected interests such as personality rights, privacy rights, or the right to correct false statements. German courts can issue injunctions against content hosted outside Germany. HUFELD advises on German press law obligations and represents clients in press law proceedings.
