Fairness Commission refines practice
The Fair Trading Commission has seen a sharp increase in complaints related to registry entries. To address this trend, the Commission established a working group that has refined the guidelines on best practices.
Complaints to the Fair Trading Commission in connection with register entries have increased significantly. In order to address this development, the Commission has set up a working group which has refined the explanations on practice. According to Principle 5.6, any advertising for entries in address books or registers is unfair if the terms and conditions do not clearly indicate which entries are free of charge and which are subject to a fee. In a press release on Wednesday, the Lauter Commission reported that the interpretation of this principle had repeatedly led to discussions in the past. For this reason, a working group has refined and reformulated the practice that is used to assess a complaint.
The working group agreed that the overall impression of the commercial communication in question should be assessed. It must be clearly communicated to the addressee what consequences arise from the assumptions and the offer should be designed with the necessary comprehensibility. As soon as the presentation of the offers is designed to mislead the addressee, this constitutes unfair conduct. A particularly strict standard should be set if an offer is based on a state registration that is subject to a fee.
The working group agreed that the overall impression of the commercial communication in question should be assessed. It must be clearly communicated to the addressee what consequences arise from the assumptions and the offer should be designed with the necessary comprehensibility. As soon as the presentation of the offers is designed to mislead the addressee, this constitutes unfair conduct. A particularly strict standard should be set if an offer is based on a state registration that is subject to a fee.
