In a ruling dated April 29, 2019 (4 HK O 14312/18), the Regional Court of Munich I ruled that the Instagram posts of the defendant influencer Cathy Hummels do not constitute disguised advertising. She was acting commercially because she was linking to and promoting her own company through the posts. However, this was recognizable for the targeted public and therefore not subject to labeling requirements. It was also decisive that she did not receive any consideration for the linking. However, in the opinion of the court, the decision should not be generalized to other bloggers or influencers. The ruling is not final(press release 6/2019 dated 29.04.2019).
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.