Influencer Marketing in Germany
What you need to know about labeling obligations
Anyone who promotes products or services on social media must observe a number of legal requirements – particularly with regard to the obligation to clearly label advertising.
In this article, we outline the most important dos and don'ts of influencer marketing under German law – concise, practical, and with a focus on liability issues for companies.
1. Transparency Requirements in Influencer Marketing
German law requires influencers to clearly label advertising content. These legal requirements are found across various laws – for example in the Act Against Unfair Competition (UWG), in the State Media Treaty (MStV) or in special legal regulations such as the German Digital Services Act (DDG). The aim is always the same: consumers must not be misled about the commercial intent of a post. If advertising is not properly labeled as such, there is a risk of warnings, fines or legal proceedings.
2. Who Is Liable – Influencer or Company?
As a general rule, influencers themselves are liable, since they are the primary addressees of the legal obligations. These rules may be enforced by public authorities through administrative enforcement or by competitors and consumer protection associations through private legal action.
Important for Companies:
Even if companies such as agencies or product providers are not usually held directly responsible, (joint) liability is possible under German law. We therefore always recommend including a suitable indemnification clause in the contract with the respective influencer.
Do you need legally compliant contracts or advice for your campaign?
Feel free to contact us by phone at +49 152 09967225 or by email at kontakt@kanzlei‒mienert.de – we are happy to assist you.
3. The Most Important Dos and Don’ts in Influencer Marketing
Below is a non-exhaustive list of key dos and don’ts influencers must observe under German law – especially where they receive compensation for their content, such as money, products, or invitations, and the promoted goods or services are the main focus of the post.
Do’s in Influencer Marketing:
- Clearly and explicitly label posts as “advertising” – at the beginning and unambiguously
- Always use the German term (e.g. "Werbung" instead of "ad" or "sponsored")
- Use legible font, eye-catching colors and an appropriate size
- For Videos: The "Advertising" label must be clearly visible throughout the entire video
- For Audio Posts: Advertising must be clearly disclosed at the beginning
- For Text or Image Posts: The advertising label must be at the very beginning
- For Discount Codes or Links: The commercial nature must be disclosed directly adjacent (e.g. “Advertising” / “Affiliate Link”)
- Affiliate links must be labeled as such and explained with a short note (e.g. "* = The influencer receives a commission if a purchase is made via this link")
Don’ts in Influencer Marketing:
- Don’t disguise advertising as a personal opinion or recommendation
- Don’t use vague or unclear terms such as "PR Sample", "Infomercial", "Sponsored by", or "Ad"
- Don’t hide the advertising label (e.g. by using small or faint text)
- Don’t include discount codes or links without clearly disclosing the advertising nature or affiliate relationship
4. Our Conclusion: Clear Labeling Protects Everyone Involved
- Don’t disguise advertising as a personal opinion or recommendation
- Don’t use vague or unclear terms such as "PR Sample", "Infomercial", "Sponsored by", or "Ad"
- Don’t hide the advertising label (e.g. by using small or faint text)
- Don’t include discount codes or links without clearly disclosing the advertising nature or affiliate relationship
5. Most Frequently Asked Questions and Answers about Influencer Marketing (FAQ)
Does every influencer post have to be labeled as advertising?
Not every post – but always if there is any form of compensation involved (e.g., money, products, or invitations) and the post has a promotional character. The labeling must be clear, unambiguous, and prominently visible.
Which terms are acceptable for labeling advertising?
Acceptable terms include "Werbung" or "Anzeige" – in German, clearly legible, and placed at the beginning of the post. Terms like "ad," "sponsored," or "PR sample" are not sufficient under German law.
Who is liable for breaches of the labeling obligation?
Primarily, the influencer is liable. However, companies – such as agencies – can also be held jointly responsible if they have failed to implement adequate contractual safeguards.
Is a notice in the legal disclaimer or at the very end of the post sufficient?
No. The advertising label must appear right at the beginning of the post – whether it is a text, image, video, or audio format. A hidden or inconspicuous notice is not sufficient.
How can companies protect themselves when working with influencers?
Companies should include clear contractual provisions regarding labeling obligations and liability when working with influencers – for example, through indemnification clauses. This significantly reduces legal risks.
