As the Higher Regional Court of Braunschweig explains in a reference decision, advertising is not to be assumed not to be subject to labeling requirements simply because the posting influencer does not receive any remuneration for a link from manufacturers. Rather, a commercial act can also be considered if remuneration is expected. The decisive factor is an overall assessment of the objective circumstances which in the specific case spoke in favor of a commercial act – and thus a labeling obligation(OLG Braunschweig, reference decision of 08.01.2019 – 2 U 89/18).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.