• Latest
  • Trending
Online shops: Attention to advertising with EIA

Attention: Advertising with commission-free dwellings warnable

7. November 2022
BGH considers Uber Black to be anti-competitive

Distance learning, coaching and synchronous online formats

2. March 2026
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026
Insolvency administrator and access to tax office data?

NRW audits influencers – and suddenly normal rules apply?

12. February 2026

Legal pitfalls in revenue-based financing for start-ups

12. February 2026
Streaming setup, influencers and contract law

Streaming setup, influencers and contract law

9. February 2026
Platform cooperatives as a financing and business model

Platform cooperatives as a financing and business model

8. February 2026
Frankfurt district court a.M. softens influencer jurisdiction

VAT on donations, gifts and “support” from influencers?

5. February 2026
Chamber Court on obligations to injuntture in the case of acts of third parties

Jurisdiction in the contract: one word too many, one word too few

4. February 2026
New info on the status of the State Media Treaty

Customer hotline and support in SaaS

2. February 2026
BGH considers Uber Black to be anti-competitive

BGH: FRAND objection fails due to lack of willingness to license

28. January 2026

InformationCheck.de is live: side project for source-based classification of social media claims

22. January 2026
DPMA

Paid mods, fan guidelines and EULA: when monetization is possible

21. January 2026
Is an 8 year old allowed to be an Esport player?

LOI, term sheet, MoU, often binding for startups?

20. January 2026
What actually is an IP? In the games, music and film industry!

Freelancer paid, but still not getting rights?

19. January 2026
Affiliate links for streamers and influencers

Comparison sites as an SEO trick

16. January 2026
Reverse vesting

Vesting, good leavers, bad leavers – why a lack of regulations costs startups dearly

15. January 2026

AI guideline for agencies and external service providers

14. January 2026
  • Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Attention: Advertising with commission-free dwellings warnable

7. November 2022
in Law on the Internet, Online retail
Reading Time: 1 min read
0 0
A A
0

The Brandenburg Higher Regional Court ruled at the end of last year that offering a commission-free brokerage service for rental apartments on an online platform is anti-competitive.

Key Facts
  • The Higher Regional Court of Brandenburg ruled that commission-free brokerage of rental apartments is anti-competitive.
  • This has been a matter of course since 2015 due to the existing buyer principle.
  • Estate agent fees do not apply to tenants of private apartments.
  • Operators of internet platforms may not advertise with commission-free offers.
  • Advertising with self-evident statements is generally not permitted.
  • This also applies to advertisements with rights of withdrawal in online trading.
  • Similar consumer rights may also not be advertised.

The reason for this is that the court considers this to be advertising with self-evident facts due to the Bestellerprinzip, which has already been in effect since 2015. In the case of private apartments, brokerage fees are generally not incurred by the tenant.

This also applies to operators of Internet platforms who would draw attention to commission-free offers of brokers advertising there.

Incidentally, advertising with self-evident facts is generally inadmissible. For example, it is also not permitted to advertise a right of withdrawal in online trading or similar consumer rights.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: CommissionConsumerFireinternet

Weitere spannende Blogposts

Influencer Marketing and the Law in Italy

Frankfurt district court a.M. softens influencer jurisdiction
7. November 2022

The following article was originally written by Andrea Rizzi from www.insightlegal.it and will be published here in German and in...

Read moreDetails

Choice of law by general terms and conditions not surprising per se

Choice of law by general terms and conditions not surprising per se
14. December 2018

Yesterday, the Higher Regional Court of Frankfurt ruled that a choice of law by means of general terms and conditions...

Read moreDetails

Judgment on surreptitious advertising by the LG Trier

Brief reminder: Influencer as target of warning letters
13. August 2024

Case law on the obligation to label advertising is constantly evolving. A recent ruling by the Regional Court of Trier...

Read moreDetails

Can Amazon view alternative products in search?

No more free tissues at the pharmacy?
26. June 2019

The I.E. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, among other things, has...

Read moreDetails

BGH provides clarity: photo wallpaper in hotels is not a copyright infringement

BGH considers Uber Black to be anti-competitive
24. September 2024

In its ruling of 10.09.2024 (case no. I ZR 99/23), the Federal Court of Justice ruled that the installation of...

Read moreDetails

OLG Munich: Additional fees for PayPal and instant transfer allowed

Online shops: Attention to advertising with EIA
15. October 2019

In a procedure of the Competition Centre, the OLG Munich has allowed the calculation of payment fees both when using...

Read moreDetails

“East German” is not bullying in the workplace

“East German” is not bullying in the workplace
7. November 2022

The disparagement of an employee because of his or her East German origin does not constitute discrimination within the meaning...

Read moreDetails

Attorney’s fees of a warning association not refundable

3. June 2019

If a competition association itself has issued a warning and asks the admonisher to provide further explanation of this warning,...

Read moreDetails

“Piece of shit” is an insult

“Piece of shit” is an insult
7. November 2022

Last year, the Berlin Regional Court caused a stir when it ruled that a large number of "expletives" used against...

Read moreDetails
BGH considers Uber Black to be anti-competitive
Law and Esport

Distance learning, coaching and synchronous online formats

2. March 2026

The Distance Learning Protection Act (FernUSG) has been experiencing a renaissance for some time now. What for decades was considered...

Read moreDetails
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026

Podcastfolge

Global challenges for start-ups – A legal guide

10. October 2024

This informative podcast offers a comprehensive insight into the legal challenges faced by start-ups when expanding internationally. The experienced lawyer...

Read moreDetails
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

Innovative business models – risk and opportunity at the same time

10. September 2024

Legal basics for startup founders – how to start on the safe side!

9. November 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung