B2B vs. B2C: Which EmpCo obligations apply when?

The basic rule: EmpCo applies primarily to B2C (business-to-consumer). B2B (business-to-business) is NOT a direct area of application. However, in practice the boundaries blur.

When B2B advertising falls under EmpCo anyway — Case 1: Mixed presence. If you address B2B AND B2C customers on the same website, EmpCo standards apply to all content.

Case 2: Online visibility. All publicly accessible marketing statements (website, social media, newsletters) can be challenged by consumer advice centres — even if you primarily address B2B customers.

Case 3: Consumer visibility of end products. B2B suppliers whose products end up in B2C consumer devices must design their marketing statements so that end consumers are not misled either.

Case 4: Public relations. Press releases, annual reports, ESG reports — everything publicly accessible = potentially EmpCo-relevant.

Pure B2B uncritical: Terms-and-conditions-oriented advertising (tenders, bids). Closed B2B platforms (login-protected). Personal consultations (verbal). B2B trade-fair stands (for specialist audiences).

BUT: Even in pure B2B, general UWG law applies: § 5 UWG (misleading practices), competitors can challenge B2B claims, B2B challenges are often even harsher (higher dispute values).

Pragmatic recommendation: Treat all public marketing content as EmpCo-relevant, regardless of whether the primary target audience is B2B.