Glossary A–ZLetter U
Unfair Competition Act (UWG)
The UWG, the German Act against Unfair Competition, protects competitors, consumers and the general public from unfair commercial practices, including misleading, aggressive or harassing advertising.
It is the central German law on fairness in advertising. It applies to advertising in every medium, including screens.
Key provisions concern misleading practices (section 5), comparative advertising (section 6) and unacceptable harassment (section 7). The annex contains a “blacklist” of practices that are always prohibited towards consumers, for example a direct appeal to children to buy something. For screens this means, for instance, that an offer must not create a false impression and that advertising must be recognisable as such.
Infringements are usually pursued not by authorities but by competitors and certain associations and chambers, generally first by means of a formal warning letter. Alongside the UWG, special laws apply to particular industries and products, for example medicinal products, price indications or tobacco. Operators showing third-party advertising should agree contractually who is responsible for the content and check creatives before they play. This glossary is not legal advice.