What does Germany's UWG regulate?

Germany's Unfair Competition Act, or Gesetz gegen den unlauteren Wettbewerb (UWG), protects consumers, competitors and other market participants against unfair commercial practices. It addresses misleading statements, aggressive influence, comparative advertising and unwanted direct marketing.

Pharmaceutical and healthcare companies must observe the UWG alongside product-specific rules. A campaign may therefore need assessment under both the Drug Advertising Act and competition law. Internal approval or agreement with a media partner does not replace that assessment.

How are statements and comparisons assessed?

The overall impression of a commercial communication matters. Important qualifications must not be hidden in a way that creates a misleading message. Examples include claimed benefits, study findings, availability and presentation of commercial interests.

Comparative advertising under section 6 UWG requires, among other conditions, an objective comparison of material, relevant, verifiable and representative features or price. Medicines may face additional HWG restrictions. A comparison table is not automatically lawful because its tone appears factual.

Which rules apply to direct marketing?

Email advertising generally requires prior express consent. Section 7 UWG provides a narrow existing-customer exception with several cumulative conditions. A publicly listed professional address or previous webinar attendance alone does not establish that exception.

For telephone advertising, the law distinguishes consumers from other market participants. Presumed consent can be relevant for the latter, but the caller's commercial interest is not a blanket justification. Privacy and professional requirements must also be considered.

What matters in digital campaigns?

Commercial partnerships need to be recognizable. Reviews and recommendations must not be fabricated or misleadingly presented. Forms and campaigns should align consent wording, sender identity, purpose and an easy way to end communications.

A practical review process records the claim, supporting evidence, intended recipients and channel. Later content changes need assessment to determine whether the earlier approval still applies. Reach metrics do not replace substantive review.

Conclusion: Plan fair communication transparently

The UWG limits how businesses address their audiences. Breaches may particularly lead to warning letters and injunctions; other consequences depend on the provision involved. Supportable claims, recognizable advertising and permitted contact channels provide a sound basis for communication planning.