Part IV - Societal Mechanisms | Chapter 13

Transparency, fairness & consumer protection

Legal and self-regulatory transparency requirements, fairness criteria, and the relationship between self-regulation and state regulation.

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Core theses of the chapter

Transparency requirements include legal obligations (UWG, TMG, GDPR) and self-regulatory standards (association codes, network guidelines). The labeling of commercial relationships is a central fairness criterion.

The relationship between self-regulation and state regulation is complementary: Associations set standards, legislators define minimum requirements, platforms implement technical controls.

Tables

The following tables systematize the core contents of the chapter.

Table 13.1: Legal transparency requirements by jurisdiction

Jurisdiction Regulations Central requirement Sanctions
EU UCPD, P2B Regulation Prohibition of misleading business practices National implementation
Germany UWG, TMG, TTDSG Labeling of commercial communication Warning, Fine
UK CAP Code, ASA Guidelines Clear advertising labeling ASA Complaints, platform sanctions
USA FTC Guidelines Disclosure in material relationships FTC Proceedings, Fines

Table 13.2: Self-Regulatory Standards and Codes of Conduct

Organization Standard Core content Enforcement
BVDW Code of Conduct Affiliate Marketing Quality standards, transparency obligations Exclusion of members, withdrawal of certificates
APMA UK Industry Standards Best practices, governance requirements Membership requirement
IAB Europe Transparency & Consent Framework Consent management, data processing TCF certification
Networks Publisher guidelines Content Standards, Labeling Obligations Account Suspension, Commission Withholding

Sources

The following sources were used in this chapter.

BVDW Code of Conduct Affiliate Marketing Industry standards for the German market. www.bvdw.org/themen/affiliate-marketing/
APMA UK Industry Standards British self-regulation standards. theapma.co.uk/
IAB Europe Transparency & Consent Framework TCF 2.2 specification. iabeurope.eu/tcf-2-0/
ASA UK Influencer Guidelines Labeling requirements for influencers. www.asa.org.uk/advice-online/recognising-ads-so...
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Status: January 2026
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