What is the legal definition of influencer marketing?
Influencer marketing is now a central component of many companies’ marketing strategies. At the same time, courts and regulatory authorities have significantly clarified the legal requirements in recent years. Anyone working in this field—whether as an influencer, agency, or company—operates within a complex legal environment. Influencer marketing is not a distinct area of law in itself, but rather a practice-oriented focus at the intersection of media law, competition law, and contract law.
Legal responsibility does not lie solely with the influencer. Depending on the campaign structure and specific involvement, companies and agencies may also be held liable under competition law or media law. Clear contracts, approval processes, and compliance requirements are therefore important for all parties.
This includes, in particular:
- Drafting and reviewing influencer contracts and framework agreements
- Advice on advertising disclosures under the UWG, MStV, and DDG
- Compliance checks for campaigns and content
- Liability issues for influencers, agencies, and advertising companies
- Defense against and enforcement of cease-and-desist letters in the influencer sector
Media law services related to influencer marketing
As a media law attorney, I advise both sides: companies and agencies on structuring their campaigns in a legally compliant manner, as well as influencers and creators on contract negotiations, compliance issues, and defending against cease-and-desist letters.
Influencer Contracts
Drafting and reviewing influencer collaboration agreements, framework agreements, and individual bookings. Clear provisions regarding scope of services, compensation, usage rights, disclosure requirements, liability, and indemnification.
Advertising Disclosure & Compliance
Consulting on the legally compliant implementation of influencer campaigns. Consulting on proper advertising disclosures based on format and content, particularly in accordance with the Unfair Competition Act (UWG), the Media Services State Treaty (MStV), and the German Data Protection Act (DDG). Compliance checks for campaigns and content prior to publication.
Consulting for Agencies
Legal support for agencies in structuring their campaigns, client relationships, and contracts with influencers and advertising companies. Indemnification clauses and limitation of liability.
Affiliate Marketing & Discount Codes
Consulting on the legally compliant design of affiliate programs and discount code partnerships. Disclosure requirements for commission‒based models and proper disclosure to the target audience.
Cease-and-desist letters in the influencer industry
Assistance with cease‒and‒desist letters under competition law regarding missing or incorrect advertising disclosures. Review, assessment, and advice on how to proceed—whether to issue a modified cease‒and‒desist declaration or to defend against the claims.
Social Media & Platform Law
Legal support in setting up social media accounts, dealing with account suspensions, and addressing questions regarding liability for content and the moderation of comments on Instagram, TikTok, YouTube, and other platforms.
Advertising Disclosure & Compliance
The requirement to label advertising is the central legal issue in influencer marketing. Promotional content must be clearly identifiable as such. Whether and how such labeling is required depends, in particular, on whether there is consideration involved and in what format the content is published. German law requires influencers to clearly label promotional posts. The requirements are scattered across various laws: the Unfair Competition Act (UWG), the Interstate Media Treaty (MStV), and the Digital Services Act (DDG).
Common questions about advertising labels
Clients come to me with these questions:
- Does every sponsored post have to be labeled as advertising?
- Is “ad” or “sponsored” sufficient—or does it have to say “advertisement”?
- Is our company liable if the influencer forgets to include the label?
- How can I protect my agency contractually against labeling violations?
- What should I do if I receive a cease-and-desist letter for failing to label advertising?
As a media law attorney, I can advise you on all matters related to advertising labeling—via phone or video consultation, or in person in Berlin.
Legal liability does not rest solely with the influencer who publishes the content. Depending on the structure of the campaign, companies and agencies may also be held liable. Clear contractual provisions regarding disclosure requirements, approval processes, and indemnification clauses are therefore important for all parties involved.
Why hire a lawyer who specializes in influencer marketing?
Influencer marketing intersects with media law, competition law, contract law, and data protection law. Legal requirements are evolving rapidly, and violations are consistently pursued by regulatory authorities and competitors.
Advice for both sides
I advise influencers and creators as well as companies and agencies. This ensures that contracts and campaign structures are legally sound for everyone involved.
An Overview of Labeling Requirements
Regulations governing advertising disclosures are constantly evolving. Incorrect or missing disclosures can quickly lead to warnings or regulatory proceedings. I can help you avoid these risks.
Practical Contract Drafting
Influencer contracts must not only be legally sound but also practical. Clear provisions regarding usage rights, compensation, liability, and compliance protect all parties involved and help prevent disputes.
Prompt response to cease-and-desist letters
Competition law cease-and-desist letters in the influencer sector are often time-sensitive. Specialized legal support enables a swift and well-informed response—whether to defend against unfounded claims or to enforce one’s own rights.
Nationwide consulting
I advise clients in Berlin and across Germany via phone, video call, or in person. This way, you can receive legal assistance quickly and easily, no matter where you are.
Heval Mienert – Attorney Specializing in Influencer Marketing
Heval Mienert studied law at Ruprecht Karls University in Heidelberg. While working as a research assistant at the University of Würzburg, he earned his doctorate with a dissertation titled “Geolocation – Geoblocking and Geotargeting as Solutions to Trademark Conflicts on the Internet.”
He completed his legal clerkship at the Berlin Court of Appeal, with placements at the Federal Chancellery (fundamental issues of digital policy) and at an international corporate law firm in New York. Before founding the law firm Mienert, Heval Mienert worked as an attorney in the Berlin office of the international corporate law firm Morrison & Foerster LLP. There, he advised international companies in the technology and media sectors primarily on issues of IT law, media law, and general contract law.
Today, he advises clients on IT law, media law, blockchain technology, and intellectual property law. He is also a lecturer on intellectual property law in the master’s program “European Film Business and Law,” offered by the Erich Pommer Institute in cooperation with the Film University Babelsberg and the University of Potsdam.
Legal issues in influencer marketing?
I can provide you with quick and straightforward advice on influencer contracts, advertising disclosures, compliance, and cease‒and‒desist letters—via phone or video call, or in person in Berlin. Feel free to describe your situation to me with no obligation.
Frequently Asked Questions About Influencer Marketing (FAQ)
Does every sponsored post have to be labeled as advertising?
Not every post—but always when there is some form of compensation (money, products, invitations) and the post is promotional in nature. The disclosure must be clear, unambiguous, and clearly visible—preferably right at the beginning of the post, using the terms “Advertisement” or “Sponsored.” If you’re unsure, I’d be happy to help you assess the specific situation.
Reicht „ad" oder „sponsored" als Kennzeichnung?
No. Under German law, English terms such as “ad,” “sponsored,” or “PR sample” are not sufficient. The label must be in German—that is, “Werbung” or “Anzeige”—and must be immediately recognizable to the audience. I would be happy to advise you on the specific requirements for your platform and format.
Is our company liable if the influencer forgets to include the disclosure?
Under German law, companies and agencies may be held jointly liable, even if the primary obligation to disclose information lies with the influencer. The specific structure of the campaign is the decisive factor. I recommend clearly defining disclosure requirements, approval processes, and indemnification clauses in the influencer contract. This can significantly minimize legal risks.
What must a legally sound influencer contract include?
A legally sound influencer contract should include provisions regarding the scope of services and content, compensation, rights of use for the created content, disclosure requirements, liability and indemnification, as well as the term and termination. Depending on the campaign, provisions regarding exclusivity, rights to make changes, and reporting may also be appropriate. I draft and review influencer contracts for both parties.
I received a warning letter for failing to include an advertising disclaimer—what should I do?
When you receive a cease-and-desist letter, prompt action is essential, as deadlines are typically short. Please contact me as soon as possible at 0152 09967225 or kontakt@kanzlei-mienert.de. I will review the letter, assess the likelihood of success, and advise you on how to proceed—whether by submitting a modified cease-and-desist declaration or by contesting the claims.
Are there special disclosure requirements for affiliate links?
Yes. Affiliate links must be clearly identified as such. Simply sharing the link without any explanation is not sufficient. A clear statement regarding the commercial relationship—such as “Affiliate link: I receive a commission if you make a purchase through this link”—is required. Again, the disclosure must be clearly visible and unambiguous. I would be happy to advise you on how to implement this correctly.
Do you only consult with influencers, or do you also work with companies and agencies?
I advise both sides. I assist influencers and creators with contract negotiations, compliance issues, and cease-and-desist letters. I advise companies and agencies on structuring their campaigns, contracts, and liability issues in a legally sound manner. Feel free to contact me—I’ll find the right solution for your situation.
