At a glance
- Advertising must be recognisable
- Use “Anzeige” or “Werbung”
- Comparison sites: disclose the method
Advertising must be recognisable as advertising. Covert advertising deceives readers about the commercial nature of content.
Legal basis
Section 5a(4) UWG (failure to disclose commercial intent), Annex no. 11 UWG (advertorials disguised as editorial content), Section 6 DDG (identifiability of commercial communication), the Interstate Media Treaty and state press laws (labelling “Anzeige”), Art. 26 DSA (ad labelling on platforms).
Typical cases
Advertorials without clear labelling, native ads designed like editorial articles, comparison and advice sites earning commissions without disclosure – since 27 September 2026, comparison services must also disclose their methodology (Section 5b(3a) UWG) –, corporate magazines posing as independent information, fake user posts, unlabelled influencer posts.
Case examples
A paid product test in a magazine marked only “promotion” in small print at the bottom is blacklisted editorial advertising.
Teasers that look like articles but lead to shops need a clearly visible label.
A broker runs a seemingly neutral portal recommending only its own tariffs. The commercial intent is concealed (§ 5a(4) UWG).
Labelling
“Anzeige” and “Werbung” are safe; “sponsored post”, “promotion” or “in cooperation with” often are not. Labelling must be at the beginning and clearly visible.
