Insurance advertising is governed by distribution rules (IDD), trade regulation and the UWG. Status and independence claims are common points of dispute.
Legal framework
- § 34d GewO with § 15 VersVermV: status information of intermediaries
- §§ 6, 7 VVG: advice and information duties
- § 48b VAG: ban on sharing commissions
- Art. 17(2) IDD: marketing communications must be fair, clear, not misleading and recognisable
Case law
- OLG Dresden, 28 Oct 2025, 14 U 1740/24 – a commission-based broker may not advertise as “independent”
- CJEU, 8 May 2025, C-697/23 – comparison portal and insurer are usually not competitors for comparative advertising rules
Case examples
“Independent advice”
A broker paid by commissions advertises “100 % independent”. This is misleading.
Statutory requirement as a feature
A broker highlights its “professional liability insurance” as a special benefit, although it is legally required. This is advertising a matter of course.
