UNFAIR COMPETITION ACT (UWG)
In Germany, the Unfair Competition Act (UWG) governs what is and is not permitted in competition between businesses. Its aim is to protect both consumers and competitors from misleading, unfair, or aggressive business practices.
The UWG plays a central role in influencer marketing, particularly when it comes to labeling advertising. Influencers must not mislead their followers – commercial content must be clearly identifiable as such. If advertising is not clearly labeled or appears to be a personal recommendation, it may be considered unfair competition.
Misleading statements, for example about products, effects, or prices, are also prohibited under the UWG. This includes exaggerated promises or the withholding of important information.
For influencers, this means in concrete terms: transparency and honesty are mandatory. Collaborations must be clearly labeled, and content must not mislead followers. Violations of the UWG can result in warnings, fines, or legal consequences.
Thus, the UWG serves as an important legal foundation for professional and responsible work in influencer marketing.
