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First Act Amending the Unfair Competition Act (UWG)

§5a I, II (1) When assessing whether the concealment of a fact is misleading, it is particularly important to take account of the importance of this fact to the commercial decision, based on generally accepted standards, and also to consider whether concealing the information is capable of influencing the decision reached. (2) Anyone who influences the consumer’s ability to reach a decision within the meaning of §3(2) by withholding information that is crucial in a specific case, taking account of all circumstances, including the limitations of the communication medium, is acting unfairly.