Tobias (28) is not just an entrepreneur with a thriving dropshipping shop for stylish Bluetooth speakers – he is also on Instagram, TikTok and YouTube. With his honest style, technical reviews and entertaining stories, he has built up a solid followership. And as is the case when range meets products, the first cooperation is not long in coming.
A well-known tech gadget label offers Tobias sponsorship for his videos – including a six-month ambassador deal, in which Tobias undertakes to regularly show the product in its stories.
But this is where the legal part of the story begins. (fictitious, but quite realistic!)
Labeling requirement? Yes, please!
Tobias is unsure: does he really have to mark the gadget he received as a gift as an advertisement? After all, he also says what him not please. The answer: Yes, he must.
Regardless of whether the assessment is objective, critical or even negative – As soon as a consideration (e.g. a product or money) is involved, it’s advertising. And advertising must be clearly and immediately recognizable – otherwise there is a risk of cease-and-desist letters, fines or even legal action.
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Contractual stumbling blocks
Tobias had initially only skimmed the cooperation agreement – until he noticed that he had committed himself to the product exclusively to advertise and not to talk about competing products. Problem: Tobias had already planned a video with a similar speaker – from a different brand.
One-sided exclusivity can massively limit influencers – and should to begin with carefully checked or adapted. Ideal: Contracts that are legally waterproof and flexible enough for content planning.
Tobias does it right – with legal advice
Meanwhile, Tobias works with an experienced Lawyer team together, his Cooperation agreements checks, imprint and Privacy Policy up to date and if you have any questions about Advertising marking Oder Copyright stands by.
He now knows the rules of the game – and his reach continues to grow, Legally safe and with a good feeling.
Being an influencer is (also) business
Anyone who works as an influencer – whether full-time or part-time – should be legally prepared. Because the pitfalls are numerous: missing labeling, unfair contractual clauses, copyrighted content, missing Terms and conditions or gaps in data protection law.