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Advertising › Unfair Competition › Germany

A&O Shearman

Zooming in on AI: Tackling deepfakes around the world

A&O Shearman on

Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something. Often a person's voice or appearance is digitally...more

White & Case LLP

ESG liability and litigation risks with a focus on Germany: Greenwashing

White & Case LLP on

The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Hogan Lovells

Influencer marketing, Germany: labelling as advertising in social media posts

Hogan Lovells on

Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more

Hogan Lovells

OLG Frankfurt a. M. zum Influencer-Marketing: Werbekennzeichnung in Social-Media-Posts

Hogan Lovells on

Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

Hogan Lovells on

Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

Hogan Lovells

Competitor of "Captain Iglo" can advertise with "best age" model against maritime backdrop

Hogan Lovells on

The Munich District Court I ruled by judgment of 3 December 2020 (17 HK O 5744/20) that an advertisement of a manufacturer of fish products with a handsome older model or "best ager" in front of a maritime backdrop was not a...more

Hogan Lovells

Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

Hogan Lovells on

A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more

Morrison & Foerster LLP - Social Media

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Morrison & Foerster LLP - Social Media on

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

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