Category: Archive
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CJEU strengthens newsletters to existing customers
A newsletter in return for registration can be existing-customer advertising; no additional GDPR legal basis is required.
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Federal Court of Justice “Jacobs Krönung”: 30-day price must be clearly visible
Unclear information on the lowest price of the last 30 days is misleading omission.
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No before/after images for hyaluronic acid treatments
The BGH classifies hyaluronic acid fillers as surgical procedures – the HWG ban on before/after images applies.
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EU Commission halts the Green Claims Directive
The Commission announced the withdrawal of the proposed directive on environmental claims. The Empowering Consumers Directive remains.
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Cancellation button also for contracts with a one-off payment
The BGH requires the cancellation button even for fixed-term contracts that end automatically.
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Federal Court of Justice: GDPR breaches actionable under the UWG
Consumer associations and competitors may pursue data protection breaches with unfair competition claims.
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CJEU “Lindenapotheke”: competitors may pursue GDPR breaches
Competitors can bring unfair competition claims for data protection breaches.
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CJEU: price reductions must refer to the 30-day lowest price
Discount advertising must be based on the lowest price of the previous 30 days.
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Federal Court of Justice: average star ratings without breakdown allowed
No breakdown by star category is required, but the number and period of reviews must be stated.
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Federal Court of Justice: “climate neutral” must be explained in the ad itself
Ambiguous environmental terms must be explained in the advertising; a link to a website is not enough.