Developments in Competition Law

Since the beginning of October 2013, significant legal conditions have changed, which must be taken into account by all advertisers. These do not fundamentally call into question previous marketing strategies, but give occasion to review current marketing methods.

On October 9, 2013, the German Act against Dubious Business Practices entered into force. Among other things, this law increased the fine for breaches of the prohibition on telephone
calls to consumers who have not expressly consented to receiving such telephone calls to a maximum of EUR 300,000.00. This heavy fine is in addition to other third-party claims under competition law, for example claims to cease and desist, for information, compensation for damages, and the refunding of reminder costs.

With regard to practical implementation therefore the following should be adhered to:

- Avoid calls to consumers who have not given their prior express consent,
- make sure that it is possible to prove consent by the consumer in case of doubt,
- ensure ability to prove consent in practice by means of express written or electronic granting of consent by the consumer,
- prepare corresponding file notes in physical or electronic files about verbally granted consent obtained by an employee and the names of the employee and the consumer,
- regular training of employees on all organizational and legal matters,
- passing on of this obligation in a legally watertight manner within contracts with call center operators with indemnification from liability.