Affiliate links are indispensable for websites today, as they enable the online sale of products. At the same time, they help website operators to refinance their costs by providing these links, as they receive a commission for doing so.
Judgment of the Regional Court of Munich I
In a recent case (judgment of the Regional Court of Munich I of 09.07.2024 - I HK O 12576/23), the court had to deal with an online newspaper that also teased texts from paid advertising partnerships in addition to its editorial articles. However, the teaser did not contain any indication that it was advertising. Only the article itself referred to the paid advertising partnership. As a result, readers could only recognize that it was an advertising article and not an editorial article after clicking on the teaser and the affiliate link.
Misleading by omission
The Regional Court of Munich I considered this to be misleading by omission in accordance with Section 5a (4) UWG and confirmed a breach of competition law. The court clarified that the teaser must already contain a reference to the advertising partnership in order to make the commercial purposes sufficiently clear.
