• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.com
  • |
  • Tel: 03322 5078053
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
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
Rechtsanwalt Marian Härtel - ITMediaLaw

Competition law and Instagram Stories: A 24-hour window for legal consequences

1. June 2023
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
abmahnung
Key Facts
  • Instagram is gaining importance as a platform for commercial marketing and advertising. It enables a direct connection to consumers.
  • Instagram Stories offer a unique opportunity to share time-limited content and achieve high visibility.
  • Advertisements in Instagram Stories are subject to the same competition law conditions as traditional media, even if they are only visible for a short time.
  • A case before the Düsseldorf Regional Court shows the risks of unfair comparative advertising in Instagram Stories
  • A single violation can be considered a risk of repetition, which can have legal consequences.
  • Companies must observe the legal framework, even if content is only visible for 24 hours.
  • Preserving evidence of online content is crucial in order to substantiate legal claims in the event of a conflict.

Introduction: Instagram as a growing commercial platform

Content Hide
1. Introduction: Instagram as a growing commercial platform
2. Instagram Stories: A 24-hour window for advertising
3. Case study: Unfair comparative advertising in an Instagram Story
4. The risk of repetition: a single infringement may be sufficient
5. Conclusion: Be careful when using Instagram Stories for advertising purposes
5.1. Author: Marian Härtel

In today’s digital era, Instagram is becoming increasingly important as a platform for commercial activities. Companies use it intensively for marketing and advertising to make their products and services accessible to a wider audience. The visual nature of Instagram and the ability to connect directly with consumers make it an attractive channel for brands. But while the platform offers opportunities, it also poses risks, particularly with regard to competition law. It is therefore important that companies using Instagram commercially are aware of the legal framework and ensure that their content complies with it.

Instagram Stories: A 24-hour window for advertising

Instagram Stories, which are only visible for 24 hours, have become a popular tool for distributing promotional content. They offer a unique way to share time-limited content while achieving high visibility. But even if this content appears ephemeral, it is subject to the same competitive conditions as traditional media. This means that even content that is only visible for a short period of time can be subject to a warning in the event of violations of competition law.

Case study: Unfair comparative advertising in an Instagram Story

A recent case before the Düsseldorf Regional Court illustrates the legal risks. A company had called for a product change in an Instagram Story, which was considered unfair comparative advertising. Despite the short visibility of the story, the company was warned off. This case shows that using Instagram Stories for promotional purposes is not without risks and that companies need to ensure that their content complies with legal requirements.

The risk of repetition: a single infringement may be sufficient

What is interesting about this case is that the warned company denied responsibility and argued that the story was no longer visible. But the court saw it differently. A single infringement may indicate a so-called risk of repetition, which justifies a warning. This means that even if an anti-competitive content was only visible for a short time, the company still has to bear legal consequences. It is therefore important that companies fully understand the legal implications of their online activities.

Conclusion: Be careful when using Instagram Stories for advertising purposes

This case shows that companies using Instagram for advertising purposes need to be aware of the legal framework. Even if a story is only visible for 24 hours, it can have legal consequences. It is therefore advisable to be careful when creating content for Instagram Stories and ensure that it complies with competition law requirements. In addition, it is important to remember that preserving evidence of online content is critical. If a legal dispute arises, proving that a particular piece of content was published can be crucial. Finally, this case shows that it can be worthwhile to take action against unfair practices. Companies should therefore not hesitate to take legal action if they believe their rights have been infringed.

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: Competition lawConsumerDüsseldorf Regional CourtInstagrammarketingWarning

Weitere spannende Blogposts

File sharing and instruction by parents

File sharing and instruction by parents
7. November 2022

An interesting, but in this respect, based on the case law of the Federal Court of Justice (BGH), consistent ruling...

Read moreDetails

LG Stuttgart: GDPR violations cannot be warned

GDPR: Download pairing with newsletter/registration?
28. May 2019

The dispute between different courts over whether data breaches can be warned by competitors is somewhat similar to whether and...

Read moreDetails

What must be included in a marketing contract for influencers?

cropped 512x512 1
17. May 2024

Here on the blog, I have already provided many tips and advice on drafting contracts in influencer marketing. Today I...

Read moreDetails

Artificial intelligence (AI) for process automation

341a2ee477801be4d12fc33c1120d10e
4. July 2024

The introduction of artificial intelligence (AI) into business processes offers enormous opportunities to increase efficiency and competitiveness, but also presents...

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

Declaration of revocation without line breaks anti-competitive

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

It is actually an old hat, but I know that there are repeated warnings because the declaration of withdrawal is...

Read moreDetails

Twitter must also delete core-like violations

Twitter account and responsibility
29. December 2022

The Frankfurt am Main Regional Court has ruled: Affected persons can demand that Twitter delete false or defamatory tweets about...

Read moreDetails

Photo warnings of clothes circles

Online retailer: Notice of warranty of defects
22. October 2019

Since I have now seen some warnings in the last few weeks concerning the platform clothes circle, on which you...

Read moreDetails

Rewarded Ads in Children’s Games?

Rewarded Ads in Children’s Games?
15. June 2019

Almost unnoticed, the Bavarian State Agency for New Media published a new version of the joint youth protection guidelines (JuSchRiL)...

Read moreDetails
Business tax

Business tax

16. October 2024

Definition and legal basis: Trade tax is a real tax levied by municipalities on the objective earning power of a...

Read moreDetails
d05f2367 adba 436f b9f9 b77892754071 202725299

Power of attorney for acquiescence

29. March 2025
Adjudication

Adjudication

16. October 2024
What actually is an IP? In the games, music and film industry!

Principle of territoriality (copyright)

26. June 2023
76926310072fac9e0887add76b9526dd

German Stock Corporation Act (AktG)

9. November 2024

Podcast Folgen

43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024

This episode of the ITmedialaw.com podcast is all about the importance of legal advice for startups. Host Marian Härtel talks...

d00527fd01b1f807a4f80c0f202069e7

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

9. November 2024

In this episode of the Itmedialaw podcast, lawyer and entrepreneur Marian Härtel takes you on a journey through the legal...

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

238a909c26a0302cbd4792cbd18e4922

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...

  • 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