Infringements can be grouped by the protected interest and the type of conduct. Each group has its own page.
Infringements affecting consumers
- Misleading advertising
- Aggressive practices and dark patterns
- Price advertising and price indication
- Reviews, test seals and quality marks
- Covert advertising and influencer marketing
- Green claims
Infringements affecting competitors
- Denigration, disparagement, obstruction
- Product imitation
- Unlawful comparative advertising
- Trade secret misuse
- Poaching customers and employees
Breaches of market conduct rules
- Breach of statutory duty (Section 3a UWG)
- sector rules: food, pharmaceuticals, medical devices, pharmacies, financial services, minors
Nuisance
New forms of infringement through AI
See AI in advertising.
Consequences
| Remedy | Legal basis | Who can claim? |
|---|---|---|
| cease and desist, removal | Section 8 UWG | competitors, associations, consumer organisations, chambers |
| damages | Section 9(1) UWG | competitors |
| consumer damages | Section 9(2) UWG | consumers |
| skimming-off of profits | Section 10 UWG | associations, consumer organisations, chambers |
| fines | Sections 19, 20 UWG | authorities |
| redress action | VDuG | qualified consumer associations |
How claims are enforced or defended is explained under Proceedings.
