At a glance
- Full harmonisation for consumer advertising
- Law of the targeted market applies
- Authorities cooperate in the CPC network
German unfair competition law is largely European law. Consumer advertising is subject to full harmonisation: Member States may be neither stricter nor more lenient than the Unfair Commercial Practices Directive. This makes Europe-wide campaigns easier – up to the numerous sector-specific rules that still differ nationally.
Key legislation
| Act | Subject | Status in Germany |
|---|---|---|
| Directive 2005/29/EC (UCPD) | unfair B2C practices, blacklist | Sections 3 et seq., 4a, 5–5b UWG, Annex |
| Directive 2006/114/EC | misleading B2B advertising, comparative advertising | Sections 5, 6 UWG |
| Directive (EU) 2019/2161 (Omnibus) | reviews, rankings, price reductions, dual quality, penalties | UWG and PAngV since 28 May 2022 |
| Directive (EU) 2024/825 (Empowering Consumers) | greenwashing, sustainability labels, durability | Third Act amending the UWG, applicable since 27 Sept 2026 |
| Directive (EU) 2016/943 | trade secrets | Trade Secrets Act (GeschGehG) since 2019 |
| Directive 2010/13/EU (AVMSD) | audiovisual advertising, sponsorship, product placement | Interstate Media Treaty |
| Regulation (EU) 2022/2065 (DSA) | ad transparency and dark patterns on platforms, minors | directly applicable |
| Regulation (EU) 2024/1689 (AI Act) | manipulative AI, transparency for chatbots and deepfakes | Art. 50 applicable since 2 Aug 2026 |
| Regulation (EC) No 1924/2006 | nutrition and health claims | directly applicable |
| Regulation (EU) 2017/2394 (CPC) | cross-border enforcement by authorities | Section 19 UWG |
Which law applies?
Under Article 6(1) Rome II, unfair competition claims are governed by the law of the country where competitive relations or the collective interests of consumers are affected. Choice of law is excluded. A campaign targeting several countries must comply with each of those laws. Indicators of targeting include language, currency, delivery countries, top-level domain and contact details. Where a practice affects only a specific competitor (e.g. trade secret misuse), Article 4 Rome II applies.
Where to sue?
Besides the defendant’s domicile (Art. 4 Brussels Ia), Article 7(2) Brussels Ia allows claims where the harmful event occurred or may occur. For online statements, damage suffered in a Member State can be claimed there; the entire damage only at the defendant’s seat or the claimant’s centre of interests (CJEU, judgment of 21 December 2021, C-251/20, Gtflix Tv). Interim measures are available under Art. 35 Brussels Ia.
Enforcement by authorities
For widespread cross-border infringements, consumer authorities cooperate in the CPC network. In Germany, the Federal Office of Justice is competent (BaFin for financial services). In coordinated actions, fines of up to 4% of annual turnover in the Member States concerned may be imposed (Section 19 UWG).
Outlook: Digital Fairness Act
The Commission has announced a proposal for a Digital Fairness Act for late 2026, addressing dark patterns, addictive design, influencer marketing, personalisation and subscriptions. We follow developments in our news.
For campaigns in other EU countries, we work with specialised partner firms.
