Germany advertising regulations and disclosure rules

In Germany, regulations regarding advertising disclosure focus on ensuring transparency for consumers. Under the Media State Treaty, long-form advertising programs (Dauerwerbesendungen) must be clearly identified at the beginning and throughout the broadcast to prevent misleading the audience.

Legal standards are primarily governed by the Act Against Unfair Competition and the Media State Treaty. According to rulings by the Federal Court of Justice (Bundesgerichtshof), content must be labeled as advertising if a consideration or payment has been exchanged, or if the content is excessively promotional. While the requirement for a commercial purpose is clear when payment is involved, the specific form of disclosure—such as whether a hashtag is sufficient—remains a subject of varying judicial interpretations.