At a glance
- Associations must be registered
- Redress actions from 50 consumers
- Fines of up to 4% of turnover possible
Besides competitors, trade associations, consumer organisations, chambers and increasingly authorities pursue infringements.
Trade associations and the Wettbewerbszentrale
Associations may only send warnings if registered with the Federal Office of Justice (Section 8b UWG). The largest self-regulatory body is the Wettbewerbszentrale. Associations claim flat-rate costs and are not subject to the cost limits of Section 13(4) UWG.
Consumer organisations
Qualified entities mainly pursue consumer law breaches – terms and conditions, prices, checkout processes, cancellation buttons and, since the CJEU and BGH rulings, data protection (BGH, 27 March 2025, I ZR 186/17).
Redress actions (VDuG)
Since 13 October 2023, qualified consumer associations can bring redress actions for direct payment to consumers, if at least 50 consumers with similar claims register. Small businesses are treated like consumers. An unfair practice can thus turn into mass liability.
Case examples
A gym is warned over non-transparent contract terms. Associations charge only a flat fee but enforce consistently; we negotiate transition periods.
A consumer association brings a redress action against a telecom provider over invalid price increases. Affected customers register and are paid via an administrator if successful.
The BGH confirmed in 2025 that consumer associations may pursue GDPR breaches under the UWG before civil courts (27 March 2025, I ZR 186/17).
Authorities and fines
- Section 19 UWG: fines for widespread infringements in coordinated EU actions under the CPC Regulation – for businesses with turnover above EUR 1.25 million up to 4% of turnover in the Member States concerned, otherwise up to EUR 2 million; competent: Federal Office of Justice, BaFin for financial firms
- Telephone marketing: fines of up to EUR 300,000 by the Federal Network Agency (Section 20 UWG)
- Sector regulators: food control, medicines authorities, media authorities, BaFin, data protection authorities
