• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • 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
Kurzberatung
  • 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
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Law on the Internet > BGH: Amazon is not liable for errors of affiliates

BGH: Amazon is not liable for errors of affiliates

26. January 2023
in Law on the Internet, Online retail
Reading Time: 2 mins read
0 0
A A
0
amazon logo 500500
Key Facts
  • The Federal Court of Justice ruled that affiliate program operators are not liable for misleading advertising by affiliate partners.
  • The plaintiff Bett1 sued the Amazon affiliate program for misleading advertising by an affiliate.
  • The Higher Regional Court rejected the plaintiff's appeal; Amazon is not liable for the infringement of competition law.
  • The court found that there was no expansion of Amazon's business operations by affiliates.
  • Advertising via affiliate links is part of the products that affiliates design in their own interest.
  • Affiliates act independently and not on behalf of Amazon and are therefore liable themselves.
  • Amazon had no influence on the affiliate's advertising activities, therefore no liability.

The Federal Court of Justice has ruled that the operator of an affiliate program is not liable for the misleading advertising of an affiliate partner if the affiliate partner has acted within the scope of its own product or service offering and there is therefore no extension of the business operations of the operator of the affiliate program. This is multiple, quite an interesting decision and could have relevance for agencies and other affiliate operators.

Content Hide
1. Who sued
2. Previous process history
3. Decision of the Federal Court of Justice

Who sued

The plaintiff was bed. These attacked the Amazon affiliate program, in which affiliates can place links to Amazon offers on their own website. If this leads to a sale, the affiliate receives a percentage of the purchase price as commission. In 2019, an affiliate advertised mattresses, among other things, using links to corresponding offers on Amazon on its website, which dealt with the topics of sleep and mattresses in the broadest sense and at least visually corresponded to an editorial online magazine. Bett1 considered the affiliate’s advertising to be misleading and notified Amazon, which had been notified of its affiliate’s breach of competition law pursuant to Section 8 para. 2 UWG, the company was sued for injunctive relief.

Previous process history

The landgericht dismissed the action. The Higher Regional Court dismissed the plaintiff’s appeal. The contested advertising was misleading and therefore anti-competitive. However, Amazon is not liable for this breach of competition by the affiliate as a perpetrator or participant. The prerequisites for the liability of the company owner for agents pursuant to Sec. 8 para. 2 UWG did not exist.

Decision of the Federal Court of Justice

The Federal Court of Justice dismissed Bett1’s appeal. The intrinsic reason for attributing the business activity of the commissioner pursuant to sec. 8 para. 2 UWG lies above all in an expansion of the business operations to the benefit of the proprietor and a certain control of the risk area by the proprietor. Taking into account the design of the Amazon affiliate program as well as the impugned website of the affiliate, there was no such expansion of the business operations of the first defendant in the case in dispute and thus no intrinsic reason for attribution pursuant to Section 8 (1). 2 UWG. If affiliates develop their own products or services – in this case, a website with editorial articles on the topics of sleep and mattresses – whose content they design at their own discretion and use to earn commissions from various providers, the advertising via the affiliate link is part of the product, the content of which is designed by the affiliates on their own responsibility and in their own interest. The links would then only be set in order to generate commissions in their favor. Such own business operation of an Affiliate does not constitute an extension of Amazon’s business operation.

In the case in dispute, there was also a lack of the requirement for liability under Section 8 (1) of the German Civil Code. 2 UWG required control of the risk area by Amazon. When linking, the Affiliate does not act in fulfillment of an order or the agreement concluded with Amazon, but within the scope of the product developed by it and solely in its own name and in its own interest. Amazon would also not have to secure a determining and enforceable influence (e.g. in AGB!!), because it has not expanded its business operations with the affiliate’s product.

Tags: AGBAgenturenAmazonBghCommissionFederal courtHaftunginternetLawsuitserviceTest

Weitere spannende Blogposts

Attention to Analytics without anonymization

Attention to Analytics without anonymization
28. June 2019

Actually, it is an old hat that you should not use Google Analytics in Germany without AnonymizeIP. There is a...

Read moreDetails

Withholding tax and advertising: some more info!

Tax treatment of Upwork in Germany?
7. November 2022

The issue of withholding tax when booking advertising on the Internet, especially on Google, has been boiling up quite a...

Read moreDetails

Repackaging of medicines is trademark violation!

Attention with Black Friday advertising!
17. October 2019

In the preliminary injunction procedure for the repackaging of a cancer drug by a drug importer, the 6th Civil Senate...

Read moreDetails

Right of withdrawal and mattresses

Online shops: Attention to advertising with EIA
28. March 2019

The ECJ has ruled that the right of withdrawal also applies in the case of the purchase of a mattress...

Read moreDetails

Unjustified termination and claim for damages with influencer agencies

lawyer is providing information about the client s 2022 10 06 05 57 37 utc
26. August 2024

Unjustified termination and claim for damages with influencer agencies The premature transfer of influencers to other agencies poses a significant...

Read moreDetails

Epic Games continues to issue warning over Fortnite

Online retailer: Notice of warranty of defects
7. November 2022

I have already reported on warnings about the Fortnite brand here. I would like to warn you once again on...

Read moreDetails

AI and contract design

ai generated g63ed67bf8 1280
24. September 2024

Introduction Drafting contracts in the field of artificial intelligence (AI) is one of the most exciting and challenging tasks of...

Read moreDetails

The Darknet is not illegal!

Abusive warnings are punishable by law
7. November 2022

I don't have much to do with criminal law, except at the time of the state exam. That's why I...

Read moreDetails

Copyright infringement by framing? The ECJ please!

copyright
25. April 2019

The Federal Court of Justice currently has to decide whether a collecting society may make the conclusion of a contract...

Read moreDetails
Copyright in the digital age

Exhaustion

10. November 2024

Legal definition and principles The legal concept of exhaustion is used in various areas of law and describes different legal...

Read moreDetails
ESOP agreement

ESOP agreement

26. June 2023
compliance strategies for regtech start ups developing legally compliant solutions for the financial sector

Legal Tech

29. March 2025
District Court Frankfurt a.M. on the right to be forgotten

Data Protection Officer (DPO)

11. April 2025
Domain registration contract

Domain registration contract

16. October 2024

Podcast Folgen

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024

In this fascinating episode, we dive deep into the legal aspects of the metaverse. As a lawyer and tech enthusiast,...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

  • 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