Dealing with social media influencers—Germany
Produced in partnership with Yvonne Draheim of Hogan Lovells International LLP and Dr. Sabrina Mittelstädt of Hogan Lovells
Dealing with social media influencers—Germany

The following TMT practice note produced in partnership with Yvonne Draheim of Hogan Lovells International LLP and Dr. Sabrina Mittelstädt of Hogan Lovells provides comprehensive and up to date legal information covering:

  • Dealing with social media influencers—Germany
  • The nature of social media influencers
  • Influencer labelling obligations—key regulations
  • Disclosure requirements under TMG and MStV
  • Disclosure requirements under the German Act Against Unfair Competition
  • Misleading through omission—S 5a (6) UWG
  • Produkt-Tagging
  • Blauer Plüschelefant
  • Exception to disclosure requirements—advertising nature of the content apparent from circumstances
  • Manner of labelling
  • More...

Dealing with social media influencers—Germany

This Practice Note is aimed primarily at brands wishing to engage with social media influencers (or other talent) for particular social marketing campaigns and advertising promotions in Germany. It covers:

  1. The nature of social media influencers

  2. Influencer labelling obligations—key regulations

  3. Manner of labelling

  4. Sanctions and oversights

  5. Requirements of other regulations

  6. Copyright protection for influencer content

  7. Key provisions in influencer contracts

The nature of social media influencers

Influencer marketing is a common form of advertising in which companies hire a person, the influencer, to promote their products (Higher District Court of Hamburg GRUR-RS 2020, 18139, para. 55; Zurth/Pless, ZUM 2019, 414 (414 et seq.)). The influencer is an interesting contract and advertising partner for the company as they have built either a large following guaranteeing a broad reach for their posts (so-called celebrity influencer) or a following of a (small) homogeneous group of followers interested in the same topic (so-called micro-influencer) (cf. Draheim/Mittelstädt—HL Engage Influencer Snapshot, see Ins and outs of celebrity influencers). In the latter case, the influencer often serves as authority on the topic (see also Lettmann, GRUR 2018, 1206 (1211)).

The appeal of influencer marketing is obvious. Many of the influencers use their social media profiles also for private postings, establishing a relationship with their followers and also actively interacting with them. If they present or recommend a product, their followers

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