Key Facts
- Berlin Regional Court ruled on 28.06.2022 that advertising in newsletters must be clearly marked.
- The separation requirement demands a clearly visible reference to the commercial nature of the advertising contributions.
- Editorial and advertising contributions should be clearly differentiated visually.
- The ruling follows the already existing understanding of influencers and print publications.
- The decision is based on clearly formulated laws and relevant case law.
- Newsletter design must provide clear information for consumers to avoid confusion.
- The ruling shows that legal standards also apply to digital media.
What has long been suspected in the case of influencers (see the numerous blog posts here on the site) and is hardly disputed elsewhere in print, actually follows qua context of meaning for newsletters as well. But the Berlin Regional Court nevertheless confirmed this not too surprising legal opinion.
