• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.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

Finally, an end to “Known From” faux ads on purchased items!

30. October 2023
in Competition law, Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
endlich ein ende fuer bekannt aus fakewerbung bei gekauften artikeln 5
Key Facts
  • On September 21, 2023, the Higher Regional Court of Hamburg ruled that "Bekannt aus" is only permissible in editorial reporting.
  • A reference is required to protect consumers from being misled.
  • The decision is based on standards of the UWG, in particular § 5a and § 8.
  • Failure to provide a reference can mislead consumers into making wrong business decisions.
  • Paid editorial mentions reinforce the misleading of consumers.
  • Companies must review their advertising strategies in order to avoid legal consequences.
  • The ruling creates more transparency and strengthens consumer confidence.

In a landmark ruling of September 21, 2023 (case reference: 15 U 108/22), the Higher Regional Court (OLG) of Hamburg clarified that advertising with the slogan “Known from” is only permissible in the case of editorial coverage and not in the case of paid advertising. In addition, a reference or link is required for known media. This decision is particularly relevant because the practice of advertising with paid articles has become fashionable in recent years, especially among numerous dubious coaches and service providers. These groups often use the supposed credibility of renowned media to put their own offerings in a better light, which is now significantly restricted by the ruling.

Content Hide
1. Legal basis
2. Reasons for the judgment
3. Practical effects
4. Conclusion and recommendations for action
4.1. Author: Marian Härtel

Legal basis

The court based its decision on various norms of the Unfair Competition Act (UWG), in particular Section 5a UWG and Section 8 UWG. Section 5a UWG deals with unfair business acts that may mislead consumers by withholding essential information. In this case, the lack of a reference was considered to be such material information. Section 8 UWG, in turn, makes it possible to be sued for injunctive relief if there is a risk of repetition. These standards serve to protect consumers from misleading and unfair advertising by creating a clear legal framework for communications between businesses and consumers. They help to maintain confidence in the market and the integrity of competition.

Reasons for the judgment

The court argued that advertising with “Known from” can mislead consumers if there is no reference or link to editorial coverage. The reasoning behind the ruling states: “The statement ‘Known from’ creates the impression in the consumer’s mind that the product or service was presented editorially in the named media. The absence of a reference or link to such coverage is therefore misleading.”

The court based its decision on § 5a para. 1 UWG, which states that anyone who misleads a consumer by withholding material information acts unfairly. The lack of a reference was considered by the court to be such material information.

Furthermore, the court emphasized that the consumer has a considerable interest in the reference to be able to understand the meaning of the advertising statement. Withholding this information is therefore likely to cause the consumer to make a business decision that he would not have made otherwise. The court stated: “The lack of a reference or link deprives the consumer of the opportunity to verify the credibility of the advertising claim. This may lead him to make a business decision he would not have made had he known the full information.”

The court also addressed the issue of paid editorials and clarified that advertising with “Known from” is particularly misleading in this case. “When the coverage being advertised is actually a paid editorial, it reinforces the consumer’s misleading nature. In such a case, it is not independent editorial reporting, but a paid advertising effort that does not have the same credibility.”

Practical effects

This ruling by the Hamburg Higher Regional Court has far-reaching consequences for companies wishing to advertise their products or services. Those who advertise with the slogan “Known from” must now be particularly careful. Violation of these legal requirements can lead to warnings, injunctions and even severe fines.

Failure to comply with these guidelines could also significantly affect consumer confidence in the brand or product. At a time when transparency and credibility are becoming increasingly important, this could have serious, long-term negative effects on business.

It is therefore advisable for marketing departments and advertising agencies to carefully review existing and planned advertising campaigns. If advertising claims cannot be substantiated by actual editorial coverage in said media, alternative advertising strategies should be considered.

In the context of other forms of advertising, such as advertising with test reports or seals from Stiftung Warentest, a similar picture emerges. Here, too, the correct presentation of the facts is crucial. False or misleading information may also lead to legal consequences. In both cases, the overriding goal of the case law is to protect consumers from misleading information and to ensure greater transparency in the market.

Conclusion and recommendations for action

This ruling by the Hamburg Higher Regional Court marks an important milestone for the advertising industry and consumer protection. It creates clear guidelines that benefit both businesses and consumers. The decision promotes honesty in communication between suppliers and customers, which ultimately benefits the market as a whole.

Companies are now required to carefully evaluate their advertising strategies and adjust them if necessary. Involving legal experts in the ad campaign creation process can help avoid pitfalls and ensure legal compliance.

For consumers, the ruling means an additional layer of security. You can now assume with greater certainty that advertising claims must withstand critical scrutiny. This strengthens consumer confidence and facilitates informed decisions.

In addition, the ruling also has a signal effect for other areas of competition law and could serve as a precedent for future decisions. It is thus not only a step towards more transparent advertising, but also a step forward in the entire jurisprudence in the field of unfair competition.

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: AdvertisingCase lawCompetitionConsumerConsumer protectionEntscheidungenHamburgInformationJudgmentolgserviceTransparencyUwg

Weitere spannende Blogposts

Right of withdrawal for NFT purchases?

What is “digital property” and how can I benefit from it?
23. January 2023

Introduction When you purchase a product or service through NFT, you usually have a right of withdrawal. This means that...

Read moreDetails

File sharing warning: How to react correctly

f9d66e8b2bf7022d8591e13d3d0e83fe
10. July 2024

Have you received a warning about file sharing from law firms such as Frommer Legal, Daniel Sebastian, Yussof Sarwari or...

Read moreDetails

Bundestag deals with abuse of warnings

22. October 2019

The German government's draft law to strengthen fair competition(see my article here) will be discussed by the Committee on Legal...

Read moreDetails

Use professional services in esport

Use professional services in esport
30. January 2020

Why is it important to use professional services and consultants as an Esport Team or Player to also perform professionally?...

Read moreDetails

EU Commission takes positive stock of the GDPR

eu komission zieht positive bilanz zur dsgvo
7. November 2022

Almost one year after the entry into force of the General Data Protection Regulation, the European Commission today published a...

Read moreDetails

Cryptowinter 2023: A turning point for blockchain technology in 2024?

Cryptowinter 2023: A turning point for blockchain technology in 2024?
22. December 2023

The shift in focus: from coins to real technology Due to my recently published article on Suno.ai and my involvement...

Read moreDetails

Warranty and indication of liability for defects

Online retailer: Notice of warranty of defects
3. April 2019

As I often write, the establishment of an online service or an online shop is currently riddled with so many...

Read moreDetails

The Future of Influencer Regulation in Germany: A Look at the French Model and the 2022 Changes

9. June 2023

Introduction: Influencers are individuals who play a significant role in the modern advertising landscape due to their strong presence and...

Read moreDetails

What about liability with a Discord server?

What about liability with a Discord server?
26. December 2022

For many people, Discord is an indispensable tool for communicating and sharing content online. But who is responsible for the...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024

In this exciting episode of our podcast, we take a deep dive into the world of innovative business models. Our...

Read moreDetails
43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024
AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024
d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024
Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

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