Can my company be sued if we engage in unauthorized advertising?
April 11, 2024 | 30,00 EUR | answered by Greta Kleine
Dear Sir or Madam,
I am Maria Karpinski, the owner of a small E-commerce business. Lately, we have been increasing our advertising efforts to boost our sales. However, this has raised some legal questions that are concerning to us.
We want to ensure that we are not engaging in any unauthorized advertising that could potentially lead to legal consequences. We are aware that competition law is strictly regulated and violations can have serious repercussions.
Our advertising measures include discount promotions, contests, and influencer marketing, among others. We are unsure if we are complying with all legal requirements and if our actions could be considered misleading or anti-competitive.
Therefore, we are wondering: Can my company be sued for engaging in unauthorized advertising? In which cases could legal consequences arise and what measures should we take to minimize risks?
We want to ensure that our advertising activities are in compliance with competition law and do not cause any legal issues. We would greatly appreciate detailed advice and possible solutions.
Thank you in advance for your assistance.
Sincerely,
Maria Karpinski
Dear Ms. Karpinski,
Thank you for your inquiry regarding the legal issues related to your advertising activities in the e-commerce sector. As a lawyer specializing in competition law, I would like to help you and provide you with some important information.
First and foremost, it is important to know that competition law in Germany is strictly regulated and violations can have serious consequences. Companies engaging in unlawful advertising not only risk being warned by competitors, but also face fines and claims for damages. It is therefore extremely important that you carefully review your advertising measures and ensure that they comply with legal requirements.
Regarding your specific advertising measures such as discount campaigns, sweepstakes, and influencer marketing, there are various regulations that you must adhere to. For example, discount campaigns must be clearly and prominently communicated without deceiving the consumer. Sweepstakes must be transparent and clearly communicate all terms and conditions. In influencer marketing, you must ensure that posts are labeled as advertising to ensure transparency to consumers.
Your company can be sued if you violate competition law regulations. This can happen, for example, if you engage in misleading advertising, provide false information, or harm your competitors through unfair practices. To avoid legal consequences, it is important to familiarize yourself with the applicable rules in advance and ensure that your advertising measures comply with them.
To minimize risks, I recommend conducting a legal review of your advertising measures. A lawyer can help you identify potential issues and develop solutions. Additionally, you should regularly conduct training for your marketing team to ensure they are aware of legal requirements and act accordingly.
I am available for a detailed consultation and to help you ensure that your advertising measures are legally compliant. Please do not hesitate to contact me if you have any further questions.
Best regards,
Greta Kleine
