UWG to be reformed

In itself, it is only intended to adapt to the European Directive against Unfair Commercial Practices (2005/29/EC). However, the currently known 2nd draft bill provides for more fundamental changes. The prerequisite for a claim under the UWG is now to be a breach of "professional diligence", which is described in more detail in the law. Prof. Dr. Helmut Köhler, who publishes one of the leading legal commentaries on the UWG, voiced much systematic criticism at an event in Stuttgart in March. Should the current draft bill become law, there would be great legal uncertainty regarding the interpretation of the new standards. However, systematic deficiencies could also give rise to new defense options.