Definition and Meaning of the Term “Teaser”
Ein Teaser in a legal context, is a short, concise reference or advance notice that is intended to draw attention to a subsequent offer, piece of information or communication. Especially in the advertising industry, capital market and data protection law, as well as in media and contract law, the teaser is increasingly gaining significance as a means of announcement. A teaser does not constitute a full offer, but serves to direct interest and prepare for further communication or business processes.
Teasers in Law: Areas of Application and Legal Consequences
Teasers in Advertising and Competition Law
Interpretation of the Term and Legality
In the context of competition law, a teaser refers to a promotion that only provides a preview of a product, service or campaign without revealing all relevant information. Companies are required, when using teasers, to comply with the prohibition of misleading advertising (§ 5 UWG) and the obligation of transparency. In addition, essential information pursuant to § 5a UWG may not be concealed or withheld if the teaser is intended to prompt the consumer to make a business decision.
Requirements for Advertising Teasers
The following legal requirements must be observed in marketing campaigns in particular:
- Information obligations: A teaser must neither be misleading nor withhold essential information if such information is relevant to the purchasing decision.
- Cease-and-desist Letters and Injunctions: If a teaser is misleading, competitors or consumer associations may have claims for injunctive relief or damages.
Price Indication Ordinance
If a teaser already includes a price announcement, compliance with the Price Indication Ordinance (PAngV) is mandatory. Prices and additional costs must be visible and understandable at a glance.
Teasers in Capital Market Law
Pre-market Information and Securities Prospectuses
In securities and capital market law, teasers play an important role as preliminary, summary information, for example about securities issuances, initial public offerings (IPOs), or other capital market transactions. According to the German Securities Prospectus Act (WpPG) and the EU Prospectus Regulation, they must not prepare final business decisions and may not invite to purchase or subscribe as long as the complete and audited securities prospectus has not been published.
Ad hoc Disclosure
In connection with ad hoc disclosure under Art. 17 MAR (Market Abuse Regulation), it must be examined, when publishing teasers prematurely, whether insider information is already being disclosed. Violations can lead to consequences under the German Securities Trading Act (WpHG).
Teasers in Data Protection Law
Relevance of Data Processing
Teasers can have implications for data protection law, for example when personalized advertising is sent by analyzing personal data. The General Data Protection Regulation (GDPR) requires proof of lawful data processing, transparency of purposes, and the rights of data subjects pursuant to Art. 13, 14 GDPR.
Consent and Direct Marketing
If a teaser is sent in the form of electronic direct marketing (such as by email or SMS), this is subject to the provisions of § 7 UWG and requires the prior explicit consent of the recipients (“opt-in”), unless the so-called existing customer privilege applies.
Teasers in Media, Copyright, and Contract Law
Limits in Media Law
In broadcasting and journalism, teasers are used to introduce a feature, show, or article. Here, the legal obligation to separate advertising from editorial content (separation requirement) applies. Surreptitious advertising is prohibited (§ 7(3) German Interstate Broadcasting Treaty or State Media Treaty – MStV).
Copyright Aspects
If copyrighted works (e.g. images, film excerpts) are used in a teaser, the corresponding rights of use must be obtained, otherwise there is a risk of cease-and-desist and damage claims pursuant to the Copyright Act (UrhG).
Contractual Implications
A teaser does not constitute a binding offer within the meaning of § 145 BGB. However, if its form and content go beyond a mere reference, it may give rise to pre-contractual liability (culpa in contrahendo, § 311 BGB) if legitimate expectations are created for the recipient.
Case Law on Teasers
Courts assess in each individual case whether a teaser already constitutes an offer or merely an announcement. Decisive criteria are the objective recipient’s perspective as well as the design and choice of words. Courts have repeatedly ruled that misleading abbreviations, withholding of important information or aggressive advertising promises in teasers can be prohibited (see BGH, judgment of 14.11.2013 – I ZR 150/12; OLG Frankfurt, judgment of 7.6.2018 – 6 U 28/17).
Conclusion and Summary
The term Teaser has multiple levels of meaning in legal contexts and is associated with various requirements and risks. Anyone who uses teasers in commercial communication, capital market communication, data protection, or media law must carefully observe the applicable legal requirements and their effects on information obligations, transparency, evidence of origin, and contractual relationships. A legally compliant teaser is characterized by objectivity, transparency, and compliance with the limits of competition and data protection law. Non-compliance can result in competition-related cease-and-desist letters, regulatory sanctions, and liability claims.
Frequently Asked Questions
Which legal provisions apply to the use of teasers on websites?
The use of teasers on websites is subject to various legal regulations, particularly from competition law, copyright law, and the German Telemedia Act (TMG). It must be ensured that teasers are neither misleading nor serve to gain unfair competitive advantages (§ 5 UWG). A teaser that creates an expectation of content different from what is ultimately delivered (clickbait) may be impermissible. The imprint obligation and data protection regulations must also be observed, meaning that personal data may not be collected or processed unlawfully in the context of teasers. If third-party texts, images, or audiovisual content are used in a teaser, the rights holders (authors, licensors) must be taken into account without fail. Otherwise, there is a risk of cease-and-desist and damage claims.
How far can a teaser go with regard to misleading advertising?
Under German law, a teaser must not contain misleading statements that could deceive the average consumer. In particular, § 5 UWG prohibits statements that create a false impression about product features, special offers or availability, or work with exaggerated promises (“bait advertising”), unless these are clarified in the later content. Case law requires a clear and truthful presentation of the advertised content or offers. Even a subsequent clarifying note in the main text does not release from the obligation to provide transparent and accurate information already in the teaser. Violations may be subject to warning letters from competitors or consumer protection agencies.
Must teasers also indicate when they are advertising?
Yes, according to the separation requirement and the transparency principle, advertising must be clearly and unambiguously identified as such, § 6 TMG and § 5a(6) UWG. This applies in particular to so-called native ads or advertorials designed as editorial content; clear labeling (e.g. “Anzeige,” “Werbung”) is mandatory in the teaser itself. Influencers and content creators who tease product placements must also comply with the labeling requirement as soon as a commercial purpose is present. Failure to do so may result in fines and warnings for surreptitious advertising.
Which copyright aspects are relevant in the design of teasers?
Teasers are relevant under copyright law whenever protected works of third parties (such as text excerpts, images, videos) are used. The right to “quotation” according to § 51 UrhG permits the use of text passages or images only to the extent justified by the purpose of citation and with proper source reference. An independent editorial contribution must also be present; mere compilations of third-party content are not privileged. Using third-party works, such as for preview images (“thumbnails”), regularly requires the consent of the rights holder. Otherwise, there is a risk of warning letters, cease-and-desist declarations, and claims for damages.
How does liability for the content of teasers work?
The content responsibility for teasers basically lies with the website operator or author. If illegal statements, e.g. defamatory, discriminatory or insulting comments, are disseminated via the teaser, the publisher is liable for removal and – in case of fault – also for damages (§§ 823, 1004 BGB). The same applies to anti-competitive actions or copyright infringements. If third-party rights are infringed in the process, the party contributing to the infringement (e.g. the portal where the teaser is published) may also be held liable if it has breached its reasonable inspection duties.
Are there special regulations for journalistic teasers under press law?
Journalistic teasers are subject to the duty of care according to the state press laws and the press code. They must not contain false, sensationalist, or reputation-damaging information. If in doubt, even in teasers, research must be conducted and reports made objectively; mere speculation without a factual basis or pre-judgments must be avoided. Special care is required when dealing with criminally relevant allegations and the identifying depiction of persons. Violations may result in rights to counterstatements, retractions, cease-and-desist orders, and media law sanctions.
What are the consequences of violations of legal requirements for teasers?
Legal violations in the design of teasers can cause significant legal and financial harm. Possible consequences include warnings from competitors, private individuals or rights holders, resulting in cease-and-desist orders and claims for damages. Injunctive relief, civil lawsuits, or, in the case of data protection violations, substantial fines under the GDPR are also possible. There are particular risks in the area of misleading advertising, surreptitious advertising, and unauthorized use of copyrighted works. In media law, cease-and-desist, counterstatements and corrections may also be demanded. Repeat offenders must expect increased sanctions.
