So-called affiliate links are now an integral part of websites and online newspapers. They make it possible to sell a product online. At the same time, website operators and online newspapers refinance their costs by providing affiliate links, as they receive a commission for this.
The Regional Court of Munich I had to deal with a case in which an online newspaper teased texts from paid advertising partnerships on its website alongside its editorial articles. The teaser did not contain any indication that this was advertising. There was only a reference to the paid advertising partnership in the article itself.
Thus, only after clicking on the teaser and the affiliate link and the article opened, one could recognize that it was an advertising article and not an editorial article.
The Regional Court Munich I considered this to be misleading by omission pursuant to Section 5a (4) UWG, so that a violation of competition law (UWG) was affirmed.
The Regional Court of Munich I stated in this regard that the teaser must also contain a reference to the advertising partnership. Otherwise, the commercial purposes are not made sufficiently clear.
