Germany

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First Act Amending the Unfair Competition Act (UWG)

§3 II Commercial practices involving consumers are prohibited in any event if they do not reflect the entrepreneur’s professional diligence and are liable to have a noticeable effect on the consumer’s ability to decide based on the information provided, thereby causing him to take a commercial decision that he would not otherwise have taken. The point of reference in this case is the average consumer or, if the commercial practice relates to a particular group of consumers, to an average member of this group. If the entrepreneur can foresee that his commercial practice will affect only a clearly identifiable group of consumers who are in particular need of protection due to their age, mental or physical infirmity or credulity, the point of reference must be the view of an average member of this group.