Germany: Advertising in the Automotive Sector - Latest Hot Topics

The automotive sector is undergoing constant change. In addition to the familiar legal requirements such as the German Car Energy Consumption Labelling Ordinance (Pkw-EnVKV), the omnipresent hot topics such as environmental advertising, requirements for price information, influencer advertising, or advertising with the help of AI, to name just a few, are also increasingly important in the automotive sector.

The following overview is intended to provide a brief categorisation of these hot topics in the automotive sector and highlight their relevance. You can find a basic overview of the labelling obligations of the Pkw-EnVKV and its key requirements here.

1. Advertising with Prices (PAngV)

As soon as prices are used in advertising, there are further information obligations. On the one hand, these exist in accordance with Sections 5a et seq. of the German Act Against Unfair Competition (UWG), but in particular they also go beyond the requirements set out in the PAngV. Despite some important decisions in the recent past, such as the ECJ's judgement of 26 September 2024 - C-330/23 on the obligation to indicate the lowest price of the last 30 days, there are still some uncertainties here, which are not least due to the so-called Omnibus Directive. In particular, the questions regarding the lowest price in the last 30 days in accordance with Section 11 (1) PAngV or the information required for financing and leasing offers for consumers in accordance with Section 17 PAnGV often require a precise examination in individual cases for the usual purchase, financing and leasing offers in the automotive sector.

2. Influencer Marketing

Advertising with the help of influencers continues to enjoy unbridled popularity. However, insufficient attention is often paid to labelling this as advertising. For some time now, it has not been sufficient to label the posts with "#ad", as the consumer must be made aware of the commercial purpose at first glance. It has also not been clarified by the supreme court whether it is sufficient if a post is posted together with a company. It should also be ensured that the respective advertising partner correctly labels the posts, as otherwise the company to which the advertising applies may also be liable. Here too, a case-by-case assessment should therefore always be carried out and the agreement with the advertising partner should also be legally compliant.

3. Environmental and Social Advertising

Advertising with consumption and emission values can also be categorised as "environmental advertising" due to its purpose. However, "sustainability", "climate neutrality" or the "footprint" are not only advertised with regard to consumption, but also with regard to manufacturing processes, supply chains or other activities. The standard for advertising with such claims is already very strict and the statements must be clear, unambiguous and 100% verifiably correct. Directive 2024/825, which has already come into force with regard to empowering consumers for the green transition through better protection against unfair practices and through better information ("EmpCO Directive") and the "Green Claims Directive", which has yet to be adopted, will make this standard even stricter. This overview is not intended to cover all of the innovations. However, it is important to keep an eye on the transposition of the EmpCO Directive into national law by 27 September 2026 and the planned changes to the Green Claims Directive and to adapt advertising to the new regulations at an early stage.

4. Advertising with the Help of AI

Everyone is talking about artificial intelligence and car manufacturers can no longer imagine life without it. However, this not only applies to technical aspects such as assistance systems or autonomous driving. From 2 August 2026, for example, strict transparency obligations will also apply to the use of AI in advertising in accordance with Section 50 of the Regulation 2024/1689 ("Artificial Intelligence Act" or “AI Act”). A lot of content is already being animated and produced with the help of a wide variety of programmes and tools. Whether this is always "AI" and therefore triggers the labelling obligations must be checked on a case-by-case basis and ideally at an early stage.

If you have individual or further questions on all advertising topics, especially but not only in the automotive sector, our team of experts will be happy to help you at any time. Whatever your circumstances, we can offer you advice and support.