Advertising law & sales: lawyer for companies

Advertising law at a glance

Definition: Advertising law (Werberecht) governs the content, design and distribution of advertising. This includes accurate statements, recognisable advertising, price information and limits on unsolicited contact. Special requirements may arise from the advertised product and the chosen communication channel.
Date of review: Anyone who announces a price reduction for goods to consumers must, under Section 11 Preisangabenverordnung (German Price Indication Ordinance), state the lowest own total price of the last 30 days before the reduction. The law contains special rules and exceptions. We review price history, advertising claim and product before publication.
Legal basis: The Gesetz gegen den unlauteren Wettbewerb (German Act against Unfair Competition) governs misleading practices, labelling and unsolicited advertising (Sections 5, 5a and 7). The Preisangabenverordnung governs price information. The General Data Protection Regulation applies to personal data. Product-related laws may set additional limits.
Next step: Send us advertising materials, target group, price history and details of the dispatch or place of publication. We review claims, mandatory information and the admissibility of the contact.
Costs: The first contact is free of charge. As soon as the scope of the review is clear, we tell you the cost range – before work begins.

Practice area advertising law

Advertising law for labelling, price promotions and legally sound advertising mechanics

In advertising law, ITMR Rechtsanwälte advises companies, agencies and platforms on labelling, price promotions, promotions, direct marketing, testimonials and creator formats.

In everyday business, advertising law becomes business-critical where advertising has to be attention-grabbing and legally robust at the same time. We help companies design advertising and sales so that campaigns remain effective while also being proof against warning letters.

ITMR advises companies, entrepreneurs, start-ups, agencies, platform operators, investors, executives, public figures and other professional market participants. Typical are campaigns, newsletters, discount mechanics, review advertising or social and creator set-ups that need to be properly classified legally before going live. If the main question is the robust provability of a specific product claim, product advertising is regularly the more precise in-depth page.

Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)

Have a campaign or mechanic reviewed Assess advertising risk before going live

Quick start: what is your matter about?

Labelling

Labelling and transparency

Make advertising, cooperations and testimonials recognisable.

To the risk areas

Prices

Promotions and price promotions

Review reference prices, discounts and terms of participation.

To the review

Direct marketing

Newsletters and direct contact

Clarify consent, existing customers and documentation.

To the entry cases

Creator

Testimonials and creator formats

Bring together advertising format, rights and approvals.

To the in-depth pages

Your contact: Jean Paul P. Bohne, LL.M., MM

Partner, certified specialist lawyer for copyright and media law and for IT law (Fachanwalt für Urheber- und Medienrecht, Fachanwalt für IT-Recht).

Send advertising law enquiry

What happens after your enquiry?

After your enquiry, we get back to you within 24 hours on working days. The first contact is free of charge. We let you know explicitly before any costs are incurred.

A short description is enough. Describe the measure, channel and timetable. Drafts, landing page, terms of participation and, where applicable, a warning letter are helpful.
Receipt and initial sorting. We assess the enquiry on the basis of the project described, the documents and the apparent goal. Deadlines and dates should be clearly recognisable.
Suitable starting point and cost range. We clarify whether an initial consultation, a service package or a specific mandate is the next step. As soon as the scope of the review is clear, we tell you the cost range – before work begins.

Practice

Typical cases from our practice

The following scenarios are abstracted and simplified. Which solution holds up always depends on the specific facts and the contractual situation.

Newsletter

Email advertising to existing customers

Starting point: A company wants to write to existing customers without separate consent.
Key difficulty: The scope of the exception is overestimated.
Our work: We review channel, data basis, product relation and notices on the right to object.
Work result: A mailing concept with clear limits.

Simplified example.

Creator

Testimonial campaign

Starting point: A brand uses customer testimonials and creator videos in ads.
Key difficulty: Labelling, rights and approvals are inconsistent.
Our work: We review advertising format, chain of rights and labelling.
Work result: A uniform approval line for all motifs.

Simplified example.

Typical constellation from practice

Strike-through prices in an online shop

This is often how it looks:: A retailer plans a discount campaign with strike-through prices and percentages.
What it depends on:: The reference price is not properly documented.
How we approach it:: We review pricing logic, presentation and documentation before the start.
The work result:: A campaign with robust reference logic.

Illustrative scenario; it shows how we work and does not describe any specific case.

What you will have at the end

Services
Service	Concrete result	Next step
Campaign review	Advertising materials, landing page and mechanic before going live	Send drafts
Price advertising	Reference prices, discounts and statements of advantage	Describe pricing logic
Direct marketing	Newsletters, telephone and direct messages	Name channel and data basis
Promotions	Prize games and terms of participation	Send terms
Warning letter	Defence and response to attacks	Send warning letter and deadlines

When advertising law is the right entry page

Advertising law is the right first port of call when the central question does not lie in in-depth product substantiation or in an already escalated dispute, but in the practical admissibility of the advertising mechanic itself. It becomes business-critical in a company where advertising mechanic, channel, price advantage, labelling and reach all have to hold up at the same time and errors immediately cause costs, loss of time or public vulnerability.

Shortly before a campaign launch

Landing page, sales material, product page or ad motif are finished, but labelling, pricing logic, terms of participation, comparative references or approvals are not yet robust. Then the focus regularly lies in advertising law, with connections to marketing law and, in sales-related constellations, to e-commerce.

With discount, advantage and review logic

Strike-through prices, percentage promotions, star ratings, test results, statements of advantage or time-limited promotions look strong from a sales perspective but are often the first point of attack legally. For deeper product-specific claim questions, product advertising is also relevant.

In direct marketing and customer relationship management (CRM)

Newsletters, advertising to existing customers, telephone contact, direct messages or lead funnels rarely fail because of the channel. More often they fail because of scope, documentation and clean separation of advertising law, tracking and data protection. Important follow-up pages for this are data protection law, newsletter marketing check and GDPR website review.

With testimonials, creator and platform formats

Cooperations with influencers, testimonials, public figures or platforms raise additional questions about advertising labelling, rights, approvals, liability and public perception. Then advertising law, social media law, influencer law and influencer marketing closely converge.

Particularly costly misconception

Many teams first review the visible advertising copy. However, the really costly mistake often lies earlier: in an unclear reference price, in an overly broad understanding of advertising to existing customers, in missing labelling or in a chain of rights that was creatively conceived but not built to be evidence-proof.

What is really reviewed in advertising law

Advertising law does not only review individual wordings. What matters is how the targeted market participant understands an advertising measure in its specific context and whether advertising mechanic, channel, price presentation, labelling, role model and documentation fit together.

Advertising format and Verkehrsverständnis (understanding of the relevant public)

What matters above all is how an ad, price promotion, promotion, review or creator communication actually works in the market. Even eye-catchers, imagery, hashtags or the order of information can change the legal classification.

Channel and target group

Email, telephone, messenger, social media, platform interface, podcast, landing page or print are not treated identically in law. Advertising law therefore depends closely on the channel used and on the question of who specifically is being addressed.

Price, advantage and transparency

Price advantages, terms, bundles, shipping advantages, reference prices, review displays and conditions must be presented in such a way that the commercial advantage does not appear greater than it actually is.

Labelling, roles and evidence

Who acts in the communication, who approves content, who grants rights of use and how consents, briefings or approval versions are documented often decides whether a measure remains viable in an emergency. If, on the other hand, the core question lies in the robust provability of a specific quality, efficacy or sustainability claim about the product itself, product advertising is the more precise in-depth page.

Relevant official starting points

The core architecture of advertising law follows above all the Gesetz gegen den unlauteren Wettbewerb (UWG, German Act against Unfair Competition) (opens in a new tab), the Preisangabenverordnung (PAngV, German Price Indication Ordinance) (opens in a new tab), the Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG, German Telecommunications Digital Services Data Protection Act) (opens in a new tab) and the Directive 2005/29/EC on unfair commercial practices (opens in a new tab). For social and creator constellations, the guidelines of the Medienanstalten (German state media authorities) on advertising labelling in online media (opens in a new tab) are added.

Advertising law is above all the right entry page when a measure is to be structured, corrected or properly approved before going live. As soon as the focus lies on product claims, marketing governance or already escalated attacks, at ITMR product advertising, marketing law or competition law often lead more quickly to the appropriate in-depth page.

Continue to have an advertising mechanic legally reviewed and structure the approval process.

Particularly sensitive risk areas in advertising law

The riskiest points are usually plainly visible in the headline, price field, imagery, dispatch mechanic, hashtag, trigger mail or promotion set-up. That is exactly why a review before roll-out is worthwhile.

Labelling, Schleichwerbung (covert advertising) and editorial-looking formats

Classic banner advertising is rarely the main problem. Formats whose commercial purpose is not immediately recognisable become critical: advertorials, native ads, corporate articles in an editorial environment, podcast integrations, creator posts, affiliate recommendations or guest posts with a sales function. What matters is whether the user understands the communication as advertising or whether the advertising function is concealed.

Mixed forms of editorial tone and sales interest are particularly sensitive.
Transparency requirements do not automatically disappear in a B2B environment either.
With social and creator set-ups, social media law, influencer law and licensing & rights clearance often also come into play.

Promotions, prize games, vouchers and sales incentives

Promotions are legally tricky because they bundle attention, scarcity and purchase incentive. Typical weak points lie in unclear terms of participation, hidden restrictions, contradictory landing pages, unclear durations, linked advantages or a mechanic that appears stronger than it can actually be honoured.

Prize games must be set up clearly, accessibly and consistently in the relevant terms.
Voucher and advantage models must not create false expectations about scope, redeemability or duration.
If promotions are embedded directly in shop or checkout structures, e-commerce must regularly also be considered.

Price promotions, strike-through prices, comparison prices and review advertising

Price advertising is not merely a sales issue. It often influences the commercial impression more strongly than any image campaign. That is why strike-through prices, “instead of” prices, “up to” mechanics, discount tiers, star averages, review summaries, ranking claims and tests are particularly vulnerable.

Clear reference prices, consistent conditions and a presentation that does not make the advantage appear greater than it actually is are essential.
Review advertising requires additional transparency when selection, aggregation or timeliness are significant for the user.
For in-depth statements on product-specific tests, quality seals or quality claims, product advertising is often the starting point.
ITMR in-depth articles: CJEU: advertising with price reductions and BGH: advertising with an average star rating.

Direct marketing by email, telephone, messenger and CRM

In practice, direct marketing usually becomes risky where exceptions are read too broadly or evidence is sought too late. Newsletters, advertising to existing customers, telephone advertising, LinkedIn or WhatsApp messages and automated CRM sequences require a coordinated view of channel, consent, opt-out, technical delivery and documentation.

For email and CRM sequences, newsletter marketing check, data protection law and GDPR website review are the most important follow-up pages.
For telephone marketing, the administrative practice of the Bundesnetzagentur (Federal Network Agency) (opens in a new tab) is particularly relevant.
ITMR in-depth articles: Is email advertising permitted and admissible? and Advertising as a direct message without my consent?.

Testimonials, influencers, creator formats and public figures

Testimonials and creator models are particularly powerful because they bundle credibility, reach and personal identification. Legally, this is never just about labelling. Also decisive are consents to the use of images and names, chains of rights, briefings, approvals, platform requirements and the question of whether the commercial purpose or an exaggerated impression of success emerges sufficiently clearly from the context.

Before-and-after presentations, success stories and reference-based success narratives are particularly sensitive.
If the actual point of conflict lies in the product claim itself, the focus often shifts to product advertising.
For social and creator structures, social media law, influencer marketing and trade mark law often need to be considered.
ITMR in-depth articles: Obligation to label advertising on Instagram, Before-and-after photos in advertising and Is advertising by a chatbot permissible?.

Recurring practical mistake

Companies often treat advertising law as a pure text review. The real problems, however, often lie in approval chains, missing reference prices, overly broad understanding of exceptions in direct marketing, unclear promotion mechanics or social set-ups in which contract, briefing and labelling do not follow the same line.

Current developments with immediate practical relevance

Advertising law changes through statutory texts and heavily through case law and enforcement. Especially for environmental references, price advertising, telephone marketing and social labelling, an up-to-date assessment is worthwhile.

Environmental references: already sensitive today, even narrower from autumn 2026

The Bundesgerichtshof (Federal Court of Justice) on advertising with “climate neutral” (opens in a new tab) has already significantly tightened transparency requirements. Added to this is Directive (EU) 2024/825 (opens in a new tab) (“Empowering Consumers”), which Germany has implemented with the Third Act Amending the UWG (BGBl. I 2026 No. 43); the new rules on environmental claims and sustainability labels have applied since 27 September 2026. The separate Green Claims Directive (COM(2023) 166) has not yet been adopted: in June 2025 the Commission (opens in a new tab) announced its intention to withdraw the proposal, and the trilogue negotiations have been on hold since then; the proposal has not yet been formally withdrawn.

Price advertising: draw the reference price properly

For goods, the advertised price advantage may not be freely related to any old price. Decisive are the requirements of the Preisangabenverordnung (German Price Indication Ordinance) (opens in a new tab) and the current line of the Court of Justice of the European Union on price reductions (opens in a new tab). Anyone working with “instead of” prices, percentages or statements of advantage here should document the reference logic before publication.

Telephone advertising: enforcement and documentation remain a real risk

The Bundesnetzagentur (Federal Network Agency) (opens in a new tab) actively pursues unauthorised advertising calls and publishes annual data and fines. Particularly important is the distinction between consumer telephony with express consent and the much narrower assumptions of presumed consent in the business sector, which are often overestimated in practice.

Labelling on social media is still no foregone conclusion

For social, podcast, blog and creator formats, the guidelines of the Medienanstalten (opens in a new tab) remain a very practical starting point. In addition, the Bundesgerichtshof on influencer labelling (opens in a new tab) has clarified the framework under competition law.

Which in-depth page fits your case better

Not every advertising problem should be solved on the same page. What matters is where the actual focus of your case lies.

When attack, warning letter or urgent proceedings are in the foreground

Then competition law is the more precise first port of call. It deals with injunctions, warning letters, court enforcement and response strategy under deadline pressure.

When marketing processes as a whole need to be properly organised

Then the better entry point usually leads to marketing law or marketing compliance advice. These focus more on governance, approval paths, tracking, chains of rights and operational management.

When the product itself carries the claim

Then the focus often lies in product advertising, for example for green claims, health claims, promises of effect, seals or other product messages that depend heavily on evidence.

When rights, platforms or chains of use trigger the problem

Then, depending on the situation, social media law, influencer law, licensing & rights clearance or trade mark law are the more robust follow-up pages.

When you need us

Mandates in advertising law almost never begin with a general definition. Typical is a specific measure that is to go live quickly or has already met resistance.

review of campaigns, ads, landing pages, sales documents and promotion mechanics before publication
assessment of price promotions, discount models, strike-through prices, statements of advantage, review advertising and comparative communication
review of newsletters, CRM sequences, telephone marketing, messenger contact and cross-channel direct advertising
approval of influencer, creator and social campaigns including labelling, allocation of roles, rights and scope of use
assessment of prize games, terms of participation, referral programmes and promotion-related sales incentives
coordination with product advertising, marketing law, e-commerce and data protection law when the case touches several regimes at once
preparation of defence or attack together with competition law, defence against warning letters or litigation when an advertising measure has already turned into a conflict

For recurring operational questions, the following are particularly useful at ITMR: marketing compliance advice for approval and campaign structures, newsletter marketing check for email and CRM sequences, GDPR website review for tracking and consent set-ups and initial consultation for a quick assessment before going live or escalation.

Continue to structure the approval path for advertising and have newsletters and CRM legally reviewed.

Practical ITMR in-depth articles

Securing a price promotion, promotion, newsletter or creator campaign before going live

If an advertising measure is commercially relevant, the legal review should not only begin at the end of the production chain. ITMR supports approval, building evidence, correction and – if necessary – a rapid response to attacks.

Continue to request advertising law advice and obtain a quick initial assessment.

Jean Paul P. Bohne, LL.M., MM

The obvious choice for complex advertising, media, data and platform constellations in which campaign logic, reach and commercial risk management converge.

Emma-Marie Kürsch

The obvious choice for trade mark, content and product-related advertising cases with a focus on communication, property rights and legally sound external presentation.

Otto Weidenkeller

The obvious choice for social media, e-commerce and creator-related advertising models where implementation, advertising format and technical delivery are closely linked.

Glossary

Key terms

Advertising mechanic: Specific structure of a measure consisting of channel, advantage, condition and delivery.
Reference price: Earlier price to which an advertised price reduction refers.
Bestandskundenwerbung (advertising to existing customers): Email advertising to customers for one's own similar goods or services.
Labelling: Making the commercial purpose of a communication recognisable.
Testimonial: Advertising with statements by customers, persons or creators.
Verkehrsverständnis (understanding of the relevant public): How the targeted addressee actually understands an advertisement.

These terms explain the language used on this page. What matters is always the specific individual case.

Provisions

Provisions and reliable sources

The following statutory provisions and regulations are cited on this page.

Basics
Provision	Content	Practical significance
UWG	Gesetz gegen den unlauteren Wettbewerb (German Act against Unfair Competition)	Core framework of advertising.
Section 7 UWG	Unreasonable nuisance	Direct marketing.
PAngV	Preisangabenverordnung (German Price Indication Ordinance)	Prices and price reductions.
§ 25 TDDDG	Terminal equipment	Tracking and cookies.
Directive 2005/29/EC	Unfair commercial practices	EU law framework.
Directive (EU) 2024/825	Environmental claims	Green claims.

FAQ

Frequently asked questions on advertising law

The answers provide a robust initial framework for typical business situations. In each individual case, target group, channel, design, chain of rights, documentation and the specific advertising impression remain decisive.

Is advertising law the same as competition law?

No. Advertising law is practically a sub-area of unfair competition law (Lauterkeitsrecht) and thus closely linked to competition law, but not identical. This page focuses on the admissibility of advertising and advertising mechanics: labelling, price promotions, direct marketing, testimonials, creator formats and promotions. Competition law becomes the leading page when this results in a warning letter, injunction, urgent proceedings or active enforcement against competitors.

When does a case belong to product advertising rather than advertising law?

When the core question lies in the robust provability of a specific statement about the product itself. This applies, for example, to green claims, health claims, efficacy claims, quality statements, seals or other statements that must be substantially supported by studies, data, test reports or robust reference values. As soon as the review of evidence and claims dominates, product advertising is the more precise page.

Are testimonials and influencers always just a matter of labelling?

No. Labelling is often only the most visible part. In addition, it concerns consents to the use of images and names, contracts, rights of use, approvals, the scope of testimonials, the admissibility of promotional condensation and the question of whether a personal statement becomes an objective performance promise in the market. That is precisely why testimonials and creator set-ups should be reviewed formally and substantively.

When do price promotions become particularly risky?

Above all when the commercial advantage appears stronger than it is legally and actually backed. Critical are unclear reference prices, conditions communicated too late, artificially inflated comparison prices, imprecise “up to” statements, automatic extensions of promotion logic and advertising claims that suggest more scarcity or savings than the mechanic really supports.

When should an advertising measure be legally reviewed before going live?

At the latest when price advantages, promotions, newsletter or telephone marketing, testimonials, creator models, high reach, sensitive markets or several parties are involved. The more marketing works through visibility, speed and reproducibility, the more worthwhile a prior review is. In many cases, it is considerably cheaper than a later correction under deadline pressure or a dispute with injunction and reputational risks.

Next step

Securing an advertising measure before going live

Whether price promotion, promotion, newsletter or creator campaign, an early review prevents costly corrections.

Request advertising law advice Request a consultation Why ITMR

Note on the legal status

Legal status: 23 October 2026. This overview provides initial orientation and does not replace a review of the specific case.

Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)

Lawyer for advertising law – advertising claims, sales & warning letter defence