What legal requirements apply to influencer marketing?
October 8, 2023 | 50,00 EUR | answered by Isabel Tressel
Dear lawyer,
My name is Johann Ullmann and I run a successful Instagram account where I regularly showcase products from various brands. Lately, I have been receiving more inquiries from companies that would like to collaborate with me and provide me with products. However, I am unsure about the legal requirements to consider in influencer marketing and want to ensure that I adhere to all legal regulations.
My main concern is to be transparent and honest with my followers. I want to avoid not labeling advertisements as such or making false promises. At the same time, I also want to consider the interests of the companies and ensure that I present their products appropriately.
My worries mainly lie in the possibility of violating current laws and facing legal consequences. I want to professionally and legally handle my influencer marketing in order to be successful in the long term and not damage my image.
Therefore, could you please specifically outline the legal requirements for influencer marketing? What rules do I have to follow when cooperating with companies and presenting their products? Are there specific labeling requirements that I need to consider? And what measures can I take to ensure that my advertising is legally compliant?
Thank you in advance for your support and advice.
Sincerely,
Johann Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding Influencer Marketing and the associated legal requirements. It is commendable that you are mindful of being transparent and honest towards your followers and complying with all legal regulations. A professional and legally compliant design of your Influencer Marketing is of great importance in today's digital world to be successful in the long term and not endanger your image.
As a lawyer specializing in media law, I would be happy to outline the most important legal requirements for Influencer Marketing for you. As an influencer, you must adhere to certain legal rules, especially concerning advertising labeling, consumer deception, and data protection.
1. Advertising Labeling:
One of the most important rules in Influencer Marketing is labeling advertising. You are obligated to clearly and prominently indicate when a post is advertising. This can be done by using terms like "Advertisement" or "Ad" at the beginning of the post or by using hashtags like #ad or #sponsored. The labeling must be easily recognizable to the average consumer and must not be hidden or unclearly placed.
2. Consumer Deception:
You must not make false promises or present products in a misleading light. You must evaluate the products honestly and authentically and clearly distinguish your personal opinion from promotional statements. Therefore, avoid exaggerated praise or false claims about the products to avoid misleading consumers.
3. Data Protection:
Ensure that you comply with data protection regulations when collaborating with companies and presenting products. Transparently inform your followers about what data is being collected and how it is being used. Make sure to obtain consent from your followers if you wish to disclose their personal data or use it for advertising purposes.
To ensure that your advertising is legally compliant, I recommend the following measures:
- Familiarize yourself with the legal requirements for Influencer Marketing and stay informed about current developments.
- Establish clear agreements with the companies you collaborate with, outlining how the cooperation will be structured and what obligations you have.
- Clearly and transparently label advertising so that your followers can recognize that the content is sponsored.
- Be honest and authentic in presenting products and avoid misleading statements or promises.
- Adhere to data protection regulations and inform your followers about the use of their data.
I hope this information helps you and provides guidance for a legally compliant design of your Influencer Marketing. If you have any further questions or require individual advice, please feel free to contact me.
Sincerely,
Isabel Tressel, Lawyer specializing in Media Law
