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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.

What to expect:

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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.
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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.
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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
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5. Most Frequently Asked Questions and Answers about Influencer Marketing (FAQ)
Does every influencer post have to be labeled as advertising?
Which terms are acceptable for labeling advertising?
Who is liable for breaches of the labeling obligation?
Is a notice in the legal disclaimer or at the very end of the post sufficient?
How can companies protect themselves when working with influencers?
Attorney Heval Mienert

About the Author

Attorney Heval Mienert specializes in media law, IT law, trademark law and intellectual property law. He advises companies, creative professionals, and digital business models, particularly on legal issues related to digital media, technologies, trademarks, and contracts. He developed his specialization during his academic work and doctoral research on “Trademark Conflicts on the Internet.” He gained further valuable practical experience at the Federal Chancellery, at an international commercial law firm in New York, and as an attorney at Morrison & Foerster LLP in Berlin, among other places. As a lecturer in intellectual property law, he combines academic expertise with practical advice of the highest caliber.
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