Sponsoring is permitted in principle but must be transparent and is prohibited in certain sectors.
Legal framework
- § 5a(4) UWG and Annex No. 11: labelling
- Interstate Media Treaty: sponsor notices in broadcasting and on-demand services
- Bans: tobacco (§ 19 TabakerzG), cannabis (§ 6 KCanG); gambling only within the GlüStV
Case law
- CJEU C-391/12 and BGH I ZR 2/11 – “sponsored by” is not enough for paid editorial content
Case examples
Festival with e-cigarette brand
An e-cigarette brand sponsors a music festival. Prohibited sponsoring.
Sponsored podcast
A podcast integrates a sponsor’s product into the conversation without notice. Concealed advertising.
