When does a post have to be marked as advertising, how and where? A practical checklist for everyday social media life.
When is there a labeling requirement?
Labeling is always required when a contribution has a commercial purpose and it does not result directly from the circumstances. This is particularly the case when you receive money, products, travel, discount codes or commissions for a contribution. Since the UWG reform in 2022, the following has been valid: If a creator does not receive anything in return, it is assumed that there is no commercial purpose. This assumption helps many creators, but does not replace the examination in individual cases.
How must be marked?
The marking must be recognizable at first glance. The terms “advertising” or “advertisement” have proven themselves at the beginning of the article, in stories and reels in the picture. English terms such as “AD” or hidden hashtags at the end of a long hashtag list are not enough according to the common belief.
- Marking at the beginning, not at the end
- In videos also orally or as a display
- With stories on every sequence
- Use platform functions such as “paid partnership” additionally
Own products and self-promotion
Anyone who advertises their own products or services does not have to mark this as advertising if the followers can easily see that it is about their own offer. It becomes difficult with mixed forms, for example with participation in brands or licensed products.
Practical examples
PR package without agreement
Situation: A creator receives a care product without being asked and enthusiastically shows it in her story.
Classification: An unordered gift without expectation of consideration can be shown without labeling. However, if you regularly receive packages from the same brand, you are in a gray area.
Recommendation: In case of doubt, mark, for example with “advertising, unpaid, product sent”.
Discount code in the story
Situation: A creator names a personal discount code and receives commission.
Classification: The post is labeled.
Recommendation: Show “Advertisement” clearly on every story sequence.
Own merch collection
Situation: An influencer advertises her own t-shirt collection.
Classification: Self-advertising is recognizable, labeling is regularly unnecessary.
Recommendation: Pay attention to a clear presentation as a separate product.
Conclusion
Those who characterize consistently and visibly avoid most cease-and-desist letters. When in doubt, the following applies: Better once too much than once too little.
Do you have questions on this topic? More on this on our page Advertising law and labeling obligations or directly via our Initial assessment.
Frequently asked questions
Is a hashtag #ad enough to label?
Limited. The labeling must be immediately and clearly recognizable for German users. “Advertising” or “Advertisement” at the beginning of the post is recommended; A hidden hashtag at the end is not enough.
Do I also have to label products that I bought myself?
No, if you don’t receive anything in return and show the product of your own conviction. According to § 5a Para. 4 UWG, no advertising labeling is then required. This changes with affiliate links.
What does a violation of the labeling obligation cost?
A cease-and-desist letter from associations or competitors with legal fees and a cease-and-desist undertaking with punishment with punishment are often followed. In the case of a repeat, contractual penalties of several thousand euros are due.
Further information: Advertising law and labeling obligations · Competition law