LinkedIn has long since become a platform for professional exchange and brand presentation - but be careful: what is posted or commented on there can quickly be considered unauthorised advertising in legal terms. A recent judgement by the Dresden Higher Regional Court sends a clear signal in this regard.
A managing director commented on a LinkedIn post by a competitor on the subject of recycling technology. In his comment, he emphasised that his own company had been using such processes ‘for a long time’ - and referred directly to his product page. A colleague followed up and declared the competitor's post to be superfluous.
While the regional court initially regarded the comments as legitimate professional opinion, the higher regional court saw this as a clear case of unfair, comparative advertising - and therefore an infringement of competition law. The criticised statements were not factual enough and were aimed at promoting the company's own commercial interests - also recognisable through the targeted linking.
Comments on LinkedIn are no longer a grey area. Anyone who uses posts from competitors to position their own company risks legal action - especially if links come into play. Even supposedly harmless statements can be classed as advertising if they deliberately disparage the competition or convey self-promotion.
LinkedIn is not a legal vacuum. Companies and their employees should be aware that professional-sounding comments can quickly become a legal pitfall. Advertising is still advertising - even in the comments section.
Source: https://www.onlinehaendler-news.de