Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.
Connected devices – An unfair competition law approach to data access rights of users