• 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

Judgment on surreptitious advertising by the LG Trier

13. August 2024
in Law on the Internet
Reading Time: 4 mins read
0 0
A A
0
influencers 3151032 640
Key Facts
  • Current ruling: The Regional Court of Trier emphasizes the importance of the obligation to label advertising, especially in the case of barter deals.
  • Surreptitious advertising defined: Court defines surreptitious advertising as advertising that is intentional but not recognizable as such.
  • No cash flow necessary: Advertising can be considered surreptitious advertising even without monetary consideration, including PR materials.
  • Intention counts: The intention to advertise is decisive, not the actual payment.
  • Transparency required: Media companies must clearly communicate all consideration received in order to avoid surreptitious advertising.
  • Risk of warnings: Non-compliance with the labeling obligation can have legal consequences.
  • Adapt regulations: Companies should regularly review their labeling practices and adapt them to current legal requirements.

Case law on the obligation to label advertising is constantly evolving. A recent ruling by the Regional Court of Trier (judgment of 24.11.2023, Ref. 7 HK O 13/23) is in line with previous case law and once again highlights the need for correct labeling of advertising – especially in the case of barter deals and the use of PR articles. This decision is part of a series of rulings that have redefined the boundaries between editorial content and advertising in the digital space in recent years. For example, the Higher Regional Court of Frankfurt clarified the labeling obligation for sponsored trips by influencers, while the Higher Regional Court of Cologne took a differentiated view of the labeling obligation for profiles with a large number of followers.

Content Hide
1. Surreptitious advertising without monetary payment: The judgment of the Trier Regional Court
2. Key points of the judgment:
3. Effects on media companies and agencies
4. Legal classification
5. Conclusion and outlook
5.1. Author: Marian Härtel

Interestingly, there is a tendency in case law to no longer base the necessity of advertising labeling solely on monetary compensation. In fact, non-monetary benefits, such as the use of PR materials or image rights, are increasingly seen as relevant factors for the labeling obligation. This is in line with the legislator’s considerations to regulate the labeling obligation for influencers anew and to focus on “real consideration”.

This development underlines the complexity of the legal assessment of advertising in the digital age and the need for media companies, influencers and agencies to continuously review and adapt their practices.

Surreptitious advertising without monetary payment: The judgment of the Trier Regional Court

In its ruling, the Regional Court of Trier clarified that surreptitious advertising can also exist even if no money is involved. This is particularly relevant for media companies and agencies that frequently work with barter deals or use PR articles where products or services are provided free of charge.

Key points of the judgment:

  1. Definition of surreptitious advertising: The court defines surreptitious advertising as a representation in words or images of goods, services, names, brands or activities of a manufacturer that is intentionally intended for advertising purposes without being recognizable as such.
  2. No monetary payment required: The court emphasizes that it is irrelevant whether a monetary consideration was provided for the advertising. The granting of rights of use to text and images can also be regarded as monetary consideration.
  3. Intention is decisive: According to the court, the intention to advertise is decisive – not the actual payment of a fee.
  4. Misleading the consumer: The court argues that surreptitious advertising can mislead the consumer by disguising the true purpose of the presentation.

Effects on media companies and agencies

This ruling has far-reaching consequences for the media industry:

  1. Increased caution with barter deals and PR articles: Media companies and agencies must be particularly vigilant when they receive products, services or usage rights free of charge. Even if no money flows, an advertising label may be required.
  2. Transparency is mandatory: To avoid surreptitious advertising, media companies and agencies should always communicate transparently if they have received any form of consideration.
  3. Rethink labeling requirements: Media companies and agencies should review their labeling practices and adapt them where necessary to ensure that they comply with current legal requirements.
  4. Risk of warnings: Failure to comply with the labeling obligation increases the risk of warnings and legal consequences.

Legal classification

The Regional Court of Trier based its decision on Section 5a para. 4 SENTENCE 1 UWG. In doing so, it clarifies that the use of PR articles and image rights also qualifies as “similar consideration” within the meaning of Section 5a para. 4 sentence 2 UWG can be considered.

The court argues that the provision of a finished article and the granting of image rights constitute services of monetary value. This interpretation is in line with the intention of the legislator, who, in the explanatory memorandum to the law, mentioned commissions, products that may be used, press trips and the provision of equipment, among other things, as similar consideration.

It is also noteworthy that the court does not consider labeling as an “advertisement” to be mandatory. Rather, other terms such as “advertising” can also be used as long as the commercial purpose is made clear.

Conclusion and outlook

The judgment of the Trier Regional Court underlines the need for a clear separation of editorial content and advertising not only in the influencer sector, but also in the traditional media sector. It shows that the legal framework for media cooperations continues to require constant adaptation.

It is advisable for media companies and agencies to regularly inform themselves about the current legal situation and to seek legal advice in case of doubt. This is the only way they can ensure that their activities comply with applicable law and that the trust of their readers is not jeopardized by inadmissible surreptitious advertising. The future of media cooperations will largely depend on how well the industry succeeds in reconciling transparency and authenticity with legal requirements. The judgment of the Trier Regional Court underlines the need to remain vigilant even in the case of non-monetary agreements and to take the labeling obligation seriously.

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: AdvertisingAgenturenBrandsCase lawConsumerCustomizationDevelopmentFrankfurtFrankfurt Higher Regional CourtInfluencerJudgmentolgReviewrightRiskTransparencyUwg

Weitere spannende Blogposts

What to look for when signing a games publishing contract?

What to look for when signing a games publishing contract?
6. February 2023

When you decide to publish a game, you need to take into account all possible aspects and conditions associated with...

Read moreDetails

OLG Cologne prohibits use of www.wir-sind-afd.de domain

OLG Cologne prohibits use of www.wir-sind-afd.de domain
7. November 2022

The Cologne Higher Regional Court (OLG) prohibited the use of the domain www.wir-sind-afd.de, rejecting an appeal against the identical judgment...

Read moreDetails

OLG Düsseldorf: In the B2C sector, no inclusion of general terms and conditions for offline orders and mere reference to website

GTCs are not invalid solely because of their length!
13. August 2024

In its ruling of 25.04.2024, the Higher Regional Court of Düsseldorf decided that a company's General Terms and Conditions (GTC)...

Read moreDetails

Federal Constitutional Court effectively abolishes preliminary injunction without hearing

Federal Constitutional Court effectively abolishes preliminary injunction without hearing
7. November 2022

Up to now, it has been the rule rather than the exception in competition law and copyright law that in...

Read moreDetails

Cold Contacting on LinkedIn: Current ruling of the OLG Hamm and what it means for you

Cold Contacting on LinkedIn: Current ruling of the OLG Hamm and what it means for you
6. September 2023

In the digital world, we are all constantly connected, and platforms like LinkedIn offer us the opportunity to expand our...

Read moreDetails

New concept of material defects and computer games – what do you have to consider from 2022?

judge plays videogames in his spare time
7. November 2022

In a somewhat longer blog article, I just reported information about the new material defect concept for digital content, which...

Read moreDetails

AI can do more, where else is it going?

What is the Artificial Intelligence Act?
17. January 2023

In the last few weeks, I've been getting more and more involved with AI and what else SaaS platforms can...

Read moreDetails

Model procedure for advertising with customer ratings

Model procedure for advertising with customer ratings
15. October 2023

The Wettbewerbszentrale wants to have the question of the breakdown of average star ratings clarified by the BGH. What is...

Read moreDetails

Streamer with pseudonym: lawsuit against unknown?

Streamer with pseudonym: lawsuit against unknown?
24. February 2023

Currently, I am involved in a court case that, in addition to some other legal issues in the area of...

Read moreDetails
Modding in EULAs and contracts – what applies legally in Germany?
Law and computer games

Modding in EULAs and contracts – what applies legally in Germany?

8. September 2025

Mods add new content to video games, improve graphics or add completely new ways of playing. Hardly any major PC...

Read moreDetails
Arbitration agreements in EULAs and developer contracts

Arbitration agreements in EULAs and developer contracts

7. September 2025
Chain of title in game development: building a clean chain of rights

Chain of title in game development: building a clean chain of rights

6. September 2025
Fail-fast clauses in media productions – what are they actually?

Fail-fast clauses in media productions – what are they actually?

5. September 2025
Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

12. August 2025

Podcastfolge

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,...

Read moreDetails
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
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
75df8eaa33cd7d3975a96b022c65c6e4

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

26. September 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