In Germany, advertising is regulated under a combination of statutory laws, industry self-regulation, and specific regulations concerning various product categories such as food, tobacco, and alcohol. Here's an overview of the key aspects:
Statutory Regulation
Key Legislation: The primary source of advertising regulation is the Law Against Unfair Trade Practices, which integrates several EU directives, including the Unfair Commercial Practices Directive (2005/29/EC) and the Privacy and Electronic Communications Directive (2002/58/EC).
Scope of Advertising: Any communications made to promote the sale or use of products or services through various media are considered advertising. This includes print, online, and broadcast media targeting consumers in Germany, regardless of the origin.
Types of Communications Regulated
Advertising includes any form of communication intended to influence consumer behavior in favor of a product or service.
Specific Regulations
Electronic Communications: Regulations are stringent regarding electronic communications, particularly unsolicited advertising, which is illegal unless consent is expressly given.
Health-related Advertising: There are specific rules for advertising pharmaceuticals and medical services, emphasizing the prohibition of misleading health claims.
Self-regulation
German Advertising Council: This council plays a significant role in the self-regulatory landscape, setting best practices and offering a dispute resolution mechanism between the public and advertisers.
Enforcement: Decisions made by the German Advertising Council are binding on its members and involve cooperation with the International Chamber of Commerce and the European Advertising Standards Alliance.
