The situation is recorded for review.
Preserve the complete version and send the records for legal review.
Latest
Advertising self-evident features: limits under the UWG
Why advertising features that are legally required or already inherent may mislead and how businesses should review the exact claim.
, Mag. Bernhard Brandauer, Rechtsanwalt
Advertising may mislead when it presents as a special advantage something required by law or inherent in the ordinary offer. The annex to section 2 UWG must be read with the complete impression. This article explains which records matter for an initial review.
For advertising self-evident features, the exact design, audience, timing and context matter.
An organised file separates facts, assumptions and legal assessment.
Section 2 UWG and its annex do not justify blanket accusations.
Initial orientation
Which claim should be reviewed as a self-evident feature?
Organise the claim and available records for the next review step.
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Which claim should be reviewed as a self-evident feature?
This path is only an initial orientation and is not a legal determination.
Initial orientation
Which claim should be reviewed as a self-evident feature?
The situation is recorded for review.
Preserve the complete version and send the records for legal review.
The situation is recorded for review.
Preserve the complete version and send the records for legal review.
Legal framework and precise boundary
Legal framework and precise boundary
The annex to section 2 UWG must be connected to the concrete commercial practice and its overall impression.
Preserve the related records and keep facts separate from the legal conclusion.
Audience and market context
Audience and market context
Record who receives the claim and which commercial decision it may influence.
Preserve the related records and keep facts separate from the legal conclusion.
Original version and evidence
Original version and evidence
Preserve the complete version with date, channel, sender and every qualification visible at once.
Preserve the related records and keep facts separate from the legal conclusion.
Roles and approvals
Roles and approvals
Separate client, agency, sales team, platform and internal approval.
Preserve the related records and keep facts separate from the legal conclusion.
Response and claim direction
Response and claim direction
Keep any challenge, service information, original material and internal file together.
Injunction, removal and financial claims have different conditions.
Practical review
Practical review
Organise the facts first and then assess the claim against the annex to section 2 UWG.
Public accusations cannot replace a case-specific review.
FAQ
Common questions about advertising self-evident features
Which records should be preserved first? +
Preserve the complete version, timing, channel and internal approvals.
Is every striking claim automatically prohibited? +
No. The rule, conduct, audience and evidence must be assessed together.
Why does the overall impression matter? +
The legal effect depends on the impression created by the complete communication.
Further information
Explore advertising self-evident features
Topics
Section 2 UWGUWGUnfair competition
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