Organise authorisation, service scope, responsible person and advertisement.
Organise authorisation, service scope, responsible person and advertisement.
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Advertising business authorisation: reviewing status under the UWG
How businesses evidence statements about qualification, status and authorisation in advertising.
, Mag. Bernhard Brandauer, Rechtsanwalt
An advertisement may highlight status, authorisation or qualification. Section 2(1) no. 6 UWG makes such statements relevant where they can influence the audience and market appearance.
Review wording, scope, location, period and actual service together.
Preserve the authorisation record, register entry, website, advertisement and approval.
Section 2(1) no. 6 UWG: statements about authorisation, qualification and status must match the service.
First orientation
Which authorisation statement in the advertisement should be reviewed?
Organise the statement, authorisation and records for the next review step.
This path is a first orientation and does not replace an individual review.
Which authorisation statement in the advertisement should be reviewed?
This path is a first orientation and does not replace an individual review.
First orientation
Preserve advertisement, period, reach and actual service.
Preserve advertisement, period, reach and actual service.
Separate wording, official status and market appearance.
Separate wording, official status and market appearance.
Legal framework and boundary
Legal framework and boundary
The wording, actual status and overall impression of the advertisement are decisive.
Statement and scope
Statement and scope
An authorisation may be limited by place, subject or time.
Preserve the original
Preserve the original
Keep the advertisement, landing page, register records, versions and approvals.
Roles and responsibility
Roles and responsibility
Separate the business, responsible person, agency and platform.
Response
Response
Correction, undertaking and further claims must be assessed against the complete file.
Practical review list
Practical review list
Record statement, evidence, service scope, period, audience and publication.
Possible classifications
Common questions about authorisation statements in advertising
Which records should be preserved? +
Preserve the original advertisement, official records, service description, versions and approvals.
Does a later notice always correct the impression? +
Not necessarily. The actual communication remains decisive.
What is the next step? +
Compare the statement, evidence and actual service before a new release.
Further information
Further competition law topics
Topics
UWGZulassungBefähigungWerbungWettbewerbsrecht
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