As with all highly developed countries with sophisticated legal systems, legal advice is highly recommended when entering the German market. One of the country’s most important assets, the strong legal system, can nevertheless pose numerous obstacles to businesses unfamiliar with its challenges.

One such challenge is advertising. In Germany, businesses must make sure to comply with the strict consumer protection regulations prohibiting misleading advertising. Using the results of product tests is a powerful tool when reaching out to German consumers. Results from Stiftung Warentest, the country’s respected consumer reports foundation, enjoy a high degree of trust and attention. This trust is precisely why specific rules have been established: consumers must be able to verify test results, tests must be current and sources must be cited. Consumers must see how many products were compared, and results must apply to the advertised product—this applies even for products with similar construction or for a further developed version of the same model. Lastly, test results must retain their original wording in order to avoid any alteration of the message.

Advertising discounted prices is generally allowed, provided that they are not “reduced” from prices that have been artificially inflated. Unrealistically high prices serving only to make a current offer look more attractive are prohibited.

The German Telemedia Law now applies to email marketing. Accordingly, unsolicited email advertisements must not contain deceiving headlines or subject lines: recipients must be able to immediately recognize commercial mailings in their inbox. Penalties up to EUR 50,000 can legally be levied for noncompliance.