Der Schutz von Kindern und Jugendlichen nach dem UWG (English shop)

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Children and adolescents are an important economic factor and an attractive target group for the advertising industry. Owing to their cognitive and social development as well as their limited life experience with regard to economic processes, young consumers are often susceptible to advertising measures, which raises the question of whether they are in need of protection.

The present study first outlines the cognitive development of young people with a view to the possible interests of children and adolescents. This is followed by an account of the internal processes that accompany the purchasing decisions of minor consumers. The findings obtained serve to derive the possible resulting need for protection of consumers of child and adolescent age. Whether the provisions of the UWG (German Act against Unfair Competition) do justice to this need for protection is examined through an evaluation of the case law handed down. In this context, account is taken of the innovations arising from the content of the Unfair Commercial Practices Directive 2005/29/EC.