In the case of infringement of the provisions of the UWG, the consequences are predominantly of a civil law nature. Possible civil claims are eg injunctive relief (sec. 8 UWG), damages in the event of intent or negligence (sec. 9 UWG), and reimbursement of the costs of the warning letter (Abmahnung) (sec. 12 para. 1 sentence 2 UWG).
Note: The reimbursement of the costs for a warning letter generally range between €2,000 and €4,000.
Fines and penalty provisions only apply in very special cases (eg promoting) prize promotions via telephone towards consumers without the prior explicit consent, sec. 20 UWG or by public notices, sec. 16 UWG).
In case of non-compliance with sec. 8a RStV and the GWS (ie if the stake for a prize promotion on broadcast media exceeds € 0.50) this results in an administrative fine of up to € 500,000, depending on the gravity of the offense (sec. 49 para. 1 sentence 2 no. 5 RStV). First time offenders with only a violations within one promotion may expect a fine of € 5.000.
Breaches of the BDSG constitute an administrative offense punishable with an administrative fine of up to € 300,000, depending on the gravity of the offense.
Note: On 25 May 2018, the General Data Protection Regulation (GDPR) of the European Union will come into force, which will substantially increase the administrative fines for data protection breaches with fines of up to € 20,000,000 or 4% of the total worldwide turnover of the infringer from its preceding business year.
A breach of sec. 7 or 11 of the HWG constitutes an administrative offense with an administrative fine of up to €50,000 depending on the gravity of the offense).
Last modified 10 Feb 2017