Niko, 32, from Cologne, loves coffee – but he loves to share his lifestyle on Instagram even more. In the morning a flat white in the sunlight, a fitness selfie at noon, a restaurant recommendation in the evening – his community celebrates it for it. His account now has over 45,000 followers, and the first cooperations with small food and fitness brands regularly arrive.
What Niko didn’t know: Being an influencer is not a child’s play.
(Fictional story – but pretty realistic.)
The Case: Free Smoothies and Hidden Advertising
One day, Niko gets a colorful box of superfood smoothies sent to him. No payment, just a friendly note with: “Maybe you would like to show them in your story – greetings from the Fitfruit team!”
Said, done. Niko posts a good-humored video with the hashtag #healthyvibes – without labeling as advertising.
A few days later: An e-mail flutters into the inbox.
A competition center discovered the post – missing Advertising marking with an advertising relevant contribution. and: A cease-and-desist undertaking is included. Suddenly Niko is standing in the legal gray area with one foot – and because of a few smoothies.
Being an influencer also means taking responsibility
Niko is not alone. Exactly what happened to him happens to many influencers – mostly out of ignorance. The problem: ignorance protects against Cease-and-desist letters not.
Where is the problem?
Even if no payment has been made:
➡️ A free product for consideration – i.e. a “posting” – is considered legally Advertising.
➡️ Advertising must immediately recognizable be – and not just after a tap on “Show more”.
➡️ The note “Advertisement” or “Advertisement” must appear clearly and clearly before the first sentence.
What Niko learned from it:
After the first shock, he gets legal assistance. The cease-and-desist undertaking is checked, adapted and signed – And in the future, Niko correctly marks every advertising content. In addition, he is now in cooperation Contracts hand over, in which it is clearly regulated which content he may post, what is considered in return and what rights he retains his content.
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