Can I promote products as an influencer without marking it as advertising?
May 16, 2024 | 30,00 EUR | answered by Otto Ullmann
Dear lawyer,
my name is Marcus König and I am active as an influencer on various social media platforms. Lately, I have been receiving more products from companies that I present and promote in my posts. However, I have so far neglected to label these posts as advertising.
I am concerned that I may be violating legal regulations and may have to fear legal consequences. I want to comply with all legal requirements and avoid any problems with authorities or consumer protection organizations.
Could you please inform me whether I am actually obligated as an influencer to label my posts as advertising, even if I do not receive direct compensation for it? If this is required, what specific steps do I need to take to label my posts accordingly? Are there any exceptions or special considerations I should be aware of?
Thank you in advance for your help and advice.
Sincerely,
Marcus König
Dear Mr. King,
Thank you for your inquiry regarding the labeling requirement of advertising as an influencer on social media platforms. It is indeed the case that influencers are legally obligated to label their posts as advertising, even if they do not receive direct compensation for it. This labeling requirement is aimed at protecting consumers from misleading advertising and is enshrined in various legal regulations, particularly in the Telemedia Act (TMG) and the Act against Unfair Competition (UWG).
To comply with your legal obligations as an influencer, you should clearly label your posts in which you present or promote products from companies as advertising. This can be done, for example, by adding "Ad" or "Sponsored" to the post. The labeling should be clear and easily recognizable so that consumers can immediately see that it is a paid or sponsored partnership.
It is important to note that the labeling as advertising is required not only for direct compensation, but also for products received for free or other benefits. Exceptions to the labeling requirement exist only in very limited cases, for example when the advertising is clearly recognizable to the consumer.
To correctly label your posts, I recommend doing so in close proximity to the advertising content, for example above the post or in the caption, in a clearly visible manner. Avoid unclear or veiled formulations and keep the labeling as transparent as possible.
If you have further questions about the labeling requirement of advertising as an influencer or need assistance with implementation, I am available for consultation in my online office hours. It is important to comply with legal requirements to avoid legal consequences and maintain the trust of your followers.
I hope that this information has been helpful to you and I am available for further questions.
Best regards,
Otto Ullmann, Attorney
