German advertising is regulated by law – the state provides a framework for fair competition and ensures that advertisers are not misleading or harming consumers.
Additionally, advertisers and media agencies promote good standards to avoid stricter legislation and voluntarily follow a code of conduct for their industry which is monitored by the German Advertising Standards Council, the Deutscher Werberat.
Here are some of the things to watch out for:
You can’t use data collected through entry for marketing purposes e.g. adding them to your newsletter recipients.- A winners’ name or other personal data may not be published without his or her consent.
- All marketing via distant communication services (except post) require a double opt in, normally done by obtaining consent and then requiring the person to click on a confirmatory link.
- In general, there is no restriction on the maximum value of the prizes. However, a prize which has a very high value compared to the organiser’s products or services on offer may lead to a categorisation of the promotion as inadmissible “exaggerated attraction” (übertriebenes Anlocken).
- Prizes may not be so valuable (having regard to the promoted products or services) that participants feel a psychological pressure to buy the products.
- Call +44(0)203 325 6000 or e mail Gemma Cutting at info@promoveritas.com