Opinion  |  12/08/2020

Position Paper on the Draft Bill for an Act to Strengthen Consumer Protection

The position paper relates to the changes to German unfair competition law (UWG) resulting from Directive 2019/2161/EU. Although they undermine the approach of the UWG (claim for damages of the individual consumer), the 1:1 implementation of the draft bill is to be approved - after an influence in advance was obviously impossible. It is suggested, however, that the Directive's opening clauses should be used more extensively and that guidelines not conditioned by them, such as influencer marketing, should be waived.