At a glance
- Blacklist first, then specific prohibitions
- Breach of statutory duty makes special laws actionable
- General clause only as a catch-all
The UWG works with a tiered system. Courts examine an advertising measure in a fixed order – from the strictest rule to the most open one. We use the same order when we review campaigns.
1. Scope and applicable law
First, there must be a commercial practice (Section 2(1) no. 2 UWG). For cross-border advertising, Article 6(1) Rome II Regulation applies the law of the market where the advertising is intended to have its effect. An English-language website that clearly targets German customers is therefore generally subject to the UWG.
2. The blacklist (Section 3(3) UWG and Annex)
The Annex lists more than 30 practices that are always prohibited towards consumers, without any further assessment. Examples: unauthorised quality marks (no. 2), bait advertising (no. 5), advertorials disguised as editorial content (no. 11), undisclosed paid rankings (no. 11a), “free” offers that are not free (no. 21), fake or unverified consumer reviews (nos. 23b, 23c), direct exhortations to children (no. 28). Since 27 September 2026, new prohibitions on environmental and durability claims apply – see Green claims.
3. Breach of statutory duty (Section 3a UWG)
Breaching a statutory provision that is also intended to regulate market conduct in the interest of market participants is unfair if the breach is appreciable. This makes rules from the Medicinal Products Advertising Act, the Price Indication Ordinance, food information law, distance selling law and professional codes enforceable by competitors. See Breach of statutory duty.
4. Protection of competitors (Section 4 UWG)
Denigration (no. 1), disparagement by unprovable factual statements (no. 2), unfair imitation (no. 3) and targeted obstruction (no. 4).
5. Aggressive practices (Section 4a UWG)
Harassment, coercion or undue influence that significantly impairs the freedom of decision – increasingly relevant for manipulative online designs.
6. Misleading practices (Sections 5, 5a, 5b UWG)
The most important prohibition in practice: untrue or deceptive statements, withholding material information, and failing to disclose the commercial intent. The yardstick is the average consumer who is reasonably well informed, observant and circumspect; for vulnerable groups, the average member of that group.
7. Comparative advertising (Section 6 UWG)
Comparative advertising is permitted in principle. Section 6(2) UWG sets out exhaustively when a comparison is unfair. See Comparative advertising.
8. Unacceptable nuisance (Section 7 UWG)
Email, text and messenger advertising generally requires prior express consent; so do telephone calls to consumers. Consent to telephone advertising must be documented and kept for five years (Section 7a UWG). See Email and telephone marketing.
9. General clause (Section 3(1), (2) UWG)
If no specific prohibition applies, the general clause serves as a catch-all. Towards consumers, a practice is unfair if it breaches professional diligence and is likely to materially distort their economic behaviour.
