The Seven Clauses

• Service description: Number of formats and dates of the content
• Usage Rights: Scope, Duration, Media, Paid Ads
• Exclusivity: industry, duration, exceptions
• Releases: Deadlines and number of correction loops
• Compensation: due date, sales tax, delay
• Contractual penalties: Amount and requirements
• Termination and Morality Clauses

What matters most

Most disputes arise about rights of use and exclusivity. An unlimited worldwide use for advertisements should be remunerated separately. Exclusivities should be tightly limited to direct competitors.

Practical examples

Conclusion

Good contracts are the basis of a successful year. Have important contracts checked before signing.

Do you have questions on this topic? More on this on our page Contract review and negotiation or directly via our Initial assessment.

Frequently asked questions

How long can an exclusivity clause run in an influencer contract?

There is no fixed maximum duration. Exclusivity, however, must be factual, timely and industry-related. A few weeks to a few months around the campaign are usual. Longer or industry-wide bans are only justifiable with reasonable remuneration and could otherwise be ineffective.

What happens to my content when the cooperation ends?

This is regulated by the clause on the rights of use. If there is no clear time limit, the brand often refers to unlimited use. Creators should explicitly specify useful life, media and areas and allow an extension only for additional remuneration.

Do I have to sign a contract submitted by the agency?

No. Almost every clause is negotiable, especially in the case of contractual penalties, exclusivity and rights of use. Have the draft checked before signing; Changes are easiest to enforce at this stage.

Further information: Right of cooperation · Contract review and negotiation

The post Cooperation agreements for 2027: the seven most important clauses first appeared on Influencerrechte.

Direct payment is not mandatory for this.

The Karlsruhe Higher Regional Court made it clear in its judgment of March 3, 2026.

Products made available free of charge as well as travel and food costs are also free of labeling.

The case: vehicle presentations without advertising labeling

The Higher Regional Court (OLG) Karlsruhe dealt with a high-reach automotive influencer who regularly published short videos on Instagram on Instagram, including influencer advertising labeling.

In the articles she presented, among other things, vehicle functions, interior fittings and design elements.

The manufacturers provided her vehicles free of charge for press events. In addition, they covered travel and food costs. There was no immediate payment for the individual Instagram posts. According to the court’s findings, the influencer was also not contractually obliged to publish articles after the press appointments.

The videos were not marked as advertisements. A business association with the right to sue objected to these publications and demanded that the influencer be obliged to omit the insufficiently labeled contributions.

With a judgment of March 3, 2026 (Az. 14 Ukl 2/24), the Karlsruhe Higher Regional Court approved the lawsuit. https://www.landesrecht-bw.de/bsbw/?query=doknr%3anjre001635443&source=permalink

Why benefits in kind can also count as consideration

According to the court, it is not decisive for the classification as commercial communication whether a company pays money for a contribution. Money-value benefits can also establish a commercial connection.

In the decided case, this included in particular:

• the free provision of vehicles,
• reimbursement of travel expenses,
• the assumption of the food costs.

According to the assessment of the court, the contributions were at least used to maintain the image of the respective automobile manufacturers. Commercial communication was thus in favor of the companies.

It was also crucial that there was no express contractual obligation to publish. Such an agreement is not mandatory after the judgment. The benefits granted can also represent consideration if the influencer was free to decide whether she would publish a contribution at all.

The court focused on the expectations of the companies that the vehicles presented would be reported. Direct payment for each individual post is therefore not a prerequisite for a possible labeling obligation. https://www.vzbv.de/judgment/zur-werbekennmarkt-fuer-influencerinnen

Advertising must be recognizable at first glance

In addition to the commercial character of the contributions, their concrete design was decisive. According to § 6 Para.. 1 No.. 1 Digital Services Act (DDG), commercial communications that are digital services or components of digital services must be clearly recognizable as such.

According to case law, labeling can be dispensable if the commercial purpose is already clear from the external appearance and at first glance. On the other hand, it is not sufficient if users only recognize the advertising character after a closer look.

In the present case, the videos sometimes worked as factual presentations or operating instructions for certain vehicle functions. Their commercial background was therefore not readily recognizable.

Even a verified account or a large number of followers does not automatically mean that all posts have to be understood as advertising. Especially when editorial content and advertising articles alternate on a profile, a clear labeling of individual publications may be required.

This applies in particular if platform algorithms also display the contributions to users who do not follow the profile and do not know their background.

What influencers and companies should consider

The decision makes it clear that the legal assessment of social media contributions must not be based solely on cash payments or express advertising contracts.

Influencers should therefore check before publication whether a contribution is related to the advantages of a company. In addition to fees, this can also include free products, invitations, trips or the assumption of expenses.

In practice, in particular, it is recommended:

• Complete services: In addition to cash payments, benefits in kind and costs assumed should also be taken into account.
• Check the commercial background: The decisive factor is not only your own editorial assessment, but also whether the contribution objectively serves to promote a company or its products.
• Clearly mark posts: If the commercial purpose is not clearly recognizable at first glance, a suitable and clearly visible advertising label should be used.
• Document contracts and agreements: Agreements on products, press dates, travel expenses and publications should be recorded in a comprehensible manner.
• Corporate communications: When planning influencer campaigns, companies and agencies should take the labeling obligations into account from the start.

However, labeling alone does not automatically eliminate any legal risk. The specific circumstances of the respective contribution and the relevant legal requirements remain decisive.

What legal consequences are threatened?

Those who do not sufficiently characterize commercial communication can be confronted with claims for injunctive relief. Depending on the facts, cease-and-desist letters and associated costs are also considered.

The judgment shows that such risks are not limited to classic, expressly paid advertising cooperations. Even supposedly independent product presentations can be legally classified as commercial communication if they are associated with monetary benefits.

For influencers, companies and agencies, it therefore makes sense not to check the labeling requirement only when publishing, but already when planning and implementing a cooperation.

The Karlsruhe Higher Regional Court strengthens the importance of a transparent separation between editorial content and commercial communication. Free products, vehicles provided or travel expenses may require advertising labeling. The fact that no express obligation to publish has been agreed and no money has flowed for the individual contribution does not automatically exclude such an obligation.

Influencers and companies should therefore also include indirect advantages and the concrete design of their contributions in the legal review. A clear labeling helps to inform consumers transparently and reduce the risk of legal disputes.

This post was created using artificial intelligence. The content is for general information and does not replace individual legal advice.

The post OLG Karlsruhe on influencer advertising: free benefits can also require disclosure first appeared on Influencerrechte.

Duty of justification

Platforms must justify decisions about lockdowns, deletions and range restrictions. You must offer an internal complaints procedure and inform about out-of-court dispute resolution bodies.

What you can do

• Request and secure justification
• Lodge an internal complaint in a timely manner
• Call the out-of-court dispute resolution center
• Courts for recovery in court

Contractual Claims

In addition to the Digital Services Act, there are contractual claims under the terms of use. In the past, courts have required platforms to recover blocked accounts if the ban was unauthorized.

Practical examples

Conclusion

Creators are not at the mercy of platforms. Fast and documented action significantly increases the chances.

Do you have questions on this topic? More on this on our page Platform Law and Community Policy or directly via our Initial assessment.

Frequently asked questions

Must a platform justify why it blocks my account?

Yes According to the Digital Services Act, very large platforms must be blocked and restricted clearly and specifically justified. A blanket notification of a violation of the guidelines is usually not sufficient.

What are the deadlines for objecting to a ban?

The platform’s internal complaints procedure is open at least six months after the decision is made. Economically, however, every day counts: the earlier you object and secure receipts, the greater the chance of getting the account back quickly.

Can I also take action in court against a ban?

Yes In addition to the complaint and the out-of-court settlement of disputes, an injunction is possible if the ban is unjustified and endangers considerable income. German courts have repeatedly obligated platforms to restore accounts.

Further information: Platform Law and Community Policy · Cease-and-desist letter and enforcement

The post Account blocked? Your rights against platforms under the Digital Services Act first appeared on Influencerrechte.

The court ruled in favor of a well-known influencer: a Link to the imprint below the Instagram bio can meet the requirements of § 5 Para. 1 DDG. In addition, a post with which an influencer advertises products from his own company does not necessarily have to be marked with “advertising” or “advertisement” if the commercial purpose is already clearly recognizable to the average user.

The plaintiff’s appeal was completely rejected.

The case: Instagram, millions of followers and own brand

The focus was on the Instagram account of a very well-known influencer with around 9.3 million followers.

The account was operated by business. The influencer was also a founder and significantly involved in a company that offered hair care products under its own brand.

On her Instagram account, she published a post in which she presented her own products and, among other things, pointed out her “10 Products”.

The plaintiff saw this as a violation of the legal labeling obligations for commercial communication. He also objected to the design of the imprint of the Instagram account.

The Hamburg Regional Court had already rejected the claims. The Hamburg Higher Regional Court has now confirmed this decision.

Imprint on Instagram: A link can suffice

For influencers, the question of the imprint is particularly relevant to practice.

§ 5 para. 1 DDG obliges providers of business-like digital services to provide certain information – in particular the information required for the imprint – Easily recognizable and immediately accessible as well as available at all times.

However, this does not necessarily mean that all imprint information must be directly in the Instagram profile.

According to the Hamburg Higher Regional Court, it may be sufficient if There is a clearly visible link to a website below the bio, on which the full imprint can be accessed.

The decisive factor is that the average Instagram user can find the imprint without searching for a long time.

In this specific case, the link was placed directly below the bio and visually highlighted. That was enough for the court.

What does “immediately accessible” mean?

The court relied on the average Instagram user.

He can expect that an imprint for an Instagram account can be reached via a link in the bio. It is therefore not necessary to write the complete imprint data directly to the Instagram profile.

However, it remains important:

The link must actually work and lead to a complete imprint.

A mere link somewhere in the profile is not automatically enough.

A short-term technical fault does not yet make a missing imprint

Another aspect of the judgment is particularly interesting.

The plaintiff had asserted that when clicking on the imprint link, error messages were displayed on two specific days.

The Hamburg Higher Regional Court did not yet see this as a violation of Section 5 (1) DDG.

A Temporary Technical Disruption In the opinion of the court, accessibility does not automatically constitute a violation of the obligation to keep the imprint permanently available.

In particular, it must be clarified how long the disruption actually existed and whether it occurred in general or only under certain technical circumstances.

Particularly noteworthy: In this specific case, the disruption could even have been in the technical domain of the person who invoked them.

For influencers and companies, this does not mean that the technical availability of the imprint would be unimportant. On the contrary: an imprint link should be checked regularly.

Does self-promotion have to be marked as “advertising”?

The decision on the subject of advertising is even more interesting.

According to Section 5a (4) UWG, it can be unfair if the commercial purpose of a business activity is not identified and this purpose does not emerge directly from the circumstances.

So the crucial question is:

Does an influencer have to write “advertising” about a post when they advertise their own products?

The answer of the OLG Hamburg is: Not mandatory.

Because the commercial purpose does not have to be marked separately if it is already clearly recognizable to the average user.

Self-promotion is something other than hidden product placement

The court initially made it clear that the offending Instagram post was definitely one business action represented.

The influencer eventually advertised products from her own company.

However, that alone does not mean that “advertising” or “advertisement” must also be above the post.

The decisive is the Overall impact of the account and the specific post.

In the present case, the commercial character was obvious for several reasons.

Already in the bio, the influencer was described as the “founder” of the corresponding brand. The name of the brand itself also indicated its own company.

In addition, there were typical advertising statements and references to the products offered.

For the average Instagram user, therefore, the court did not have any serious doubts that the influencer wanted to sell her own products here.

9.3 million followers also play a role

A special feature of the case was the enormous reach of the influencer.

The Instagram account had around 9.3 million followers and was also marked by the blue verification hook.

The Hamburg Higher Regional Court took these circumstances into account when an average user understands the account and the specific post.

What is interesting is that the awareness of the influencer did not mean that particularly strict labeling obligations were accepted.

Rather, the design of the account in particular was able to help ensure that the commercial purpose immediately recognizable was.

The overall view is crucial

However, influencers should not draw the wrong conclusion from the judgment:

“Self-promotion must never be marked as advertising.”

That’s not what the Hamburg Higher Regional Court says.

Rather, the court demands a concrete consideration of the respective account and post.

For example, the assessment can play a role:

• Who runs the account?
• Which products are presented?
• Do these products belong to the influencer himself?
• How is your own brand presented in the bio?
• Is the influencer recognizable as a founder or entrepreneur?
• How is the specific post designed?
• What formulations are used?
• How obvious is the sales purpose?
• How does an average user understand the post?

So it’s not just a matter of what is advertised, but also like communication is designed.

What influencers should take away from the judgment

The judgment provides some practical guidelines.

1. Link imprint via the bio

An imprint does not necessarily have to be completely in the Instagram bio.

A Clearly visible and immediately accessible link A website with a full imprint can suffice.

2. Check the imprint link regularly

Even if a short-term technical fault does not automatically constitute a violation of the law, the link to the imprint should work reliably.

A broken link can quickly become an avoidable legal problem.

3. Present your own products transparently

Anyone who sells their own products should present the business background of their account as clearly as possible.

A clear indication such as “Founder” or a recognizable assignment to your own brand can help make the commercial purpose obvious to users.

4. Not every product attribution is the same

An influencer who advertises his own products is in a different situation than an influencer who presents a foreign company’s products for a fee or other advantages.

Straight at Paid cooperations with third parties the advertising label should be checked with particular care.

The judgment does not strengthen the “advertising without labeling”, but the transparency

The actual message of the OLG Hamburg is therefore somewhat more differentiated.

Competition law does not necessarily require that any commercial communication be provided with a large “advertising” notice.

If the commercial character clearly recognizable at first glance additional labeling may be dispensable.

This is particularly interesting for influencers with their own brands. Anyone who is clearly recognizable as an entrepreneur and advertises their own products to their followers does not necessarily have to pretend to be a neutral product recommendation.

It is precisely this distinction between covert advertising and obvious self-promotion is important for influencer practice.

Clarity for influencers

With its decision of May 21, 2026, the Hanseatic Higher Regional Court Hamburg creates more clarity for influencers on Instagram.

A Imprint can be made accessible via a clearly visible link in the bio. And in the case of an Instagram post that is clearly recognizable as self-advertising, an additional labeling may be dispensable as advertising.

For influencers, however, this does not mean a free ticket.

The concrete design is always decisive. If the commercial purpose is not clearly recognizable to the average user, labeling obligations may apply.

If you use Instagram professionally for your own company, for cooperation or for the sale of your own products, you should not only look at individual posts, but also entire appearance as commercial communication make legally clean.

Get to know our Germany-wide locations.

Locations

The decision at a glance

Hanseatic Higher Regional Court Hamburg, judgment of 21.05.2026 – 15 U 99/24

• Dish: Hanseatic Higher Regional Court Hamburg, 15th Civil Senate
• File number: 15 U 99/24
• Decision Date: 21.05.2026
• Value in dispute: 25,000 euros
• Imprint: Link from the Instagram bio may be sufficient
• Self-promotion: Additional advertising labeling may be dispensable if the commercial purpose is immediately recognizable
• Result: Appeal rejected
• Appeal: not allowed
• Important standards: § 5 DDG, § 5a UWG, § 6 DDG

The post OLG Hamburg: influencers do not always have to label self-promotion as advertising first appeared on Influencerrechte.

Youth work protection

The participation of children in commercial media productions is generally subject to approval. Whether a family vlog is included depends on frequency, staging and income.

Child’s right of personality

Parents are allowed to consent as legal representatives in publications, but must observe the child’s welfare. With increasing age, children have a say and can later demand deletion.

• Show no intimate or embarrassing situations
• Not allow conclusions to be drawn at school or place of residence
• Children participate in age-appropriate
• Manage the child’s income separately

Practical examples

Conclusion

Children are not extras. Whoever takes their rights seriously protects them and their own channel.

Do you have questions on this topic? More on this on our page Children’s Influencer or directly via our Initial assessment.

Frequently asked questions

Are parents allowed to show their children in promotional videos?

Basically yes, but only in the context of youth work protection and the well-being of the child. Regular, paid shoots can be considered child labor and require official approval. The child’s personal rights take precedence over economic interests.

At what age does the child have to agree?

As soon as a child can assess the scope of a publication, usually from about 14 years of age, his own consent is required in addition to that of the parents. Younger children should also be included if they object.

Who owns the income from family content?

If the child himself earns through his participation, the income is always entitled to him. Parents should transparently separate and document compensation; For tax purposes, the child can be independently taxable.

Further information: Children’s influencer and family content · Protection of Personal Rights

The post Children in family content: rights and duties of parents first appeared on Influencerrechte.

Whether there is an obligation to label depends on the specific circumstances of the respective contribution. There is no general exception for influencers. Just get in touch with us and let us advise you!

What was it about?

A competition association had sued a well-known influencer with several million followers on Instagram.

The focus was on two allegations:

• The imprint of your Instagram account is not properly accessible.
• A product post for your own cosmetics brand should have been expressly marked as advertising.

The Hamburg Regional Court had already dismissed the lawsuit. The Hamburg Higher Regional Court fully confirmed this decision.

Imprint via a link in the bio is enough

The statement of the court on the imprint obligation is particularly relevant to practice.

According to § 5 DDG, business-like online offers must have an easily recognizable and immediately accessible imprint.

The Hamburg Higher Regional Court clarifies:

A Link in the Instagram bio to your own website is generally sufficient if a complete imprint is available there.

According to the Senate, an average Instagram user expects the imprint to be reached via a website link if necessary.

The only thing that matters is that

• the link is clearly visible,
• the imprint remains available without long searching and
• the statutory mandatory information is fully available.

Short-term technical errors do not automatically lead to a violation

In the proceedings, the plaintiff also submitted that the link did not work for two days.

The court did not accept this objection either.

A only temporary technical fault does not justify a violation of the imprint obligation. Others can only apply if there is no permanently available imprint or the operator is responsible for the defect.

Does advertising for your own brand have to be marked?

The second part of the decision concerns advertising labeling.

The influencer had introduced her own line of cosmetics on Instagram.

A competition association said that the contribution should have been expressly marked with “advertising” or “advertisement”.

The Hamburg Higher Regional Court disagrees.

The commercial purpose was immediately recognizable

According to § 5a UWG, advertising must only be marked separately if the commercial purpose not already immediately apparent from the circumstances.

That is exactly what the court did not think was the case here.

Several circumstances immediately made the advertising character clear:

• The influencer was the founder of the advertised brand.
• Already in the Instagram bio, she was expressly referred to as a founder.
• The brand name appeared in the account and in the post several times.
• In the article, our own products were presented and offered for sale.
• Formulations such as “We are Live” or “Have a Look at My 10 Products” left no doubt about the intention to sell.

At first glance, every average user was aware that it was an advertisement for their own company.

Millions of followers also play a role

It is also noteworthy that the court expressly takes into account the awareness of the influencer.

The account had more than nine million followers and had the well-known blue verification mark.

This also makes it clear to users that it is a professionally operated company appearance.

According to the court, this also suggests that the commercial purpose was recognizable without separate labeling.

No general exemption from the advertising label

However, the decision in no way means that influencers will be allowed to do without advertising labels in the future.

Rather, the Higher Regional Court emphasizes that there is always a Overall view is required.

Among other things, the decisive factors are:

• the design of the entire account,
• the specific design of the contribution,
• the expectation of the average user,
• The question of whether your own or third-party products are advertised,
• and the immediate recognition of the commercial purpose.

Especially in the case of cooperation with third-party companies or less clearly designed contributions, labeling may still be mandatory.

What does the verdict mean for influencers?

For creators, there are several important information from the decision:

• A complete imprint can always be provided via a clearly visible link in the bio.
• Advertising for your own brand does not necessarily have to be marked with “advertising” if the advertising character is obvious to everyone.
• The specific individual case always remains decisive.
• The clearer a contribution appears to be self-promotion, the sooner an additional labeling can be dispensed with.

With its decision, the Hamburg Higher Regional Court creates more legal certainty for influencers and content creators.

An imprint does not necessarily have to be deposited directly within Instagram. A clearly visible link to your own website can suffice if a complete imprint is available there.

The court also confirms the line of the Federal Court of Justice when it comes to advertising labeling: If the commercial purpose of a contribution is already clearly recognizable due to its design, no additional labeling is required as advertising.

Nevertheless, caution is advised. Whether there is an obligation to label depends on the specific circumstances of the respective contribution. There is no general exception for influencers.

The post OLG Hamburg: when influencers need not label their advertising – and when the Instagram imprint is enough first appeared on Influencerrechte.

Myth 1: Unsubscribe is enough

The deregistration at the residents’ registration office does not end the German tax liability. The decisive factor is whether there is still a place of residence or habitual residence in Germany. Even an apartment that can be used at any time can suffice.

Myth 2: There are no taxes abroad

Even after the departure, Germany can tax certain income. German nationals who move to low-tax countries can remain subject to limited tax liability for up to ten years. Anyone involved in a GmbH must observe the withdrawal tax.

Myth 3: The Canary Islands and Mallorca are tax havens

Spanish income tax applies to private individuals in the Canary Islands and the Balearic Islands. In the Canary Islands there are advantages for companies with substance in the special economic zone ZEC, and no special rules in the Balearic Islands.

Practical examples

Conclusion

Moving out can make sense if well planned. The biggest mistakes happen in Germany, not in the destination country.

Do you have questions on this topic? More on this on our page Move and relocation or directly via our Initial assessment.

Frequently asked questions

Am I no longer taxable after moving abroad in Germany?

Not automatically. Anyone who still keeps an apartment in Germany or is mostly here remains subject to unlimited tax liability. In addition, the extended limited tax liability can apply for more years.

What is Move Taxation?

Anyone who holds shares in a corporation and moves abroad may have to pay tax on the hidden reserves as if they had sold the shares. This affects many creators with their own GmbH and should be planned before the move.

Which countries are popular for influencers?

Dubai, Cyprus, Malta, Portugal, Switzerland and Andorra are often elected, and the Canary Islands and Balearic Islands are increasingly also elected. The decisive factors are double taxation agreements, the right of residence and the actual lifestyle on the ground.

Further information: Relocation and move away · Tax law for influencers

The post Moving abroad: myths and facts for influencers first appeared on Influencerrechte.

The Basic Rules

Competitions on social media are regular business activities. Participants must be clearly informed about the organizer, period, prices, participation requirements and draw.

• Make conditions of participation easily accessible
• Set age limits
• Mark sponsored prices
• Observe platform rules

Privacy

The necessary data may be processed for the implementation. Separate consent is required for newsletters or disclosures.

No gamble

If participation in a purchase is linked, there is a risk of unauthorized gambling or impermissible coupling. A free opportunity to participate creates security.

Practical examples

Conclusion

With a good template, a legally secure competition is set up in a few minutes.

Do you have questions on this topic? More on this on our page Sweepstakes and giveaways or directly via our Initial assessment.

Frequently asked questions

Do I need conditions of participation for a giveaway?

Yes The organizers, the participation period, profit, participation requirements and the determination of the prize must be clearly stated. Without them, there is a risk of a cease-and-desist letter under competition law.

Can I make participation dependent on someone marking an account?

This is allowed as long as the mechanics are transparent and the platform rules allow it. Instagram, for example, prohibits users from asking for incorrect markings. On the other hand, a purchase obligation to participate is generally not permitted.

Does a sweepstakes have to be marked as advertising?

If a company makes the profit or the contribution advertises a product, yes. The marking must be recognizable at the beginning of the article, for example with “Advertisement” or “Advertisement”.

Further information: Sweepstakes and giveaways · Advertising law and labeling obligations

The post Summer giveaways: how to run legally compliant competitions first appeared on Influencerrechte.

What the platform licensed

Instagram, TikTok and YouTube have signed contracts with collecting societies and labels covering the use of music in private, non-commercial content on the platform. Conditions differ depending on the platform and account type.

Where the license ends

For advertising, i.e. sponsored posts, advertisements and cooperations, the platform license is regularly not sufficient. Many platforms offer business accounts only a limited, commercially licensed library. Also downloading and uploading to other platforms is usually not covered.

• Use royalty-free or licensed music for advertising
• Using Commercial Music Libraries of Platforms
• Document licenses in writing
• Not transferring music from one platform to another

Practical examples

Conclusion

Music is the most common reason for rights problems in cooperation. A quick look at the license saves expensive additional demands.

Do you have questions on this topic? More on this on our page Copyright and Use Rights or directly via our Initial assessment.

Frequently asked questions

May I use every song from the Instagram music library for advertising?

No. The platform licenses usually only cover private, non-commercial use. For paid cooperations and business accounts, there are often only license-free titles from the Commercial library.

What happens if I use music without a license?

There is a risk of blocking the contribution, muting or a cease-and-desist letter by rights holders with claims for damages. In the case of advertising cooperation, the client is often also liable.

How do I find music for promotional videos legally secure?

Use licensed music services with an explicit commercial license or the platform’s commercial libraries and keep license proofs.

Further information: Copyright and Use Rights · Copyright

The post Music in Reels and TikToks: what the platform licence covers first appeared on Influencerrechte.

What is it about?

The Distance Learning Protection Act requires approval for distance learning courses. In 2025, the Federal Court of Justice ruled that the law can also apply to contracts with entrepreneurs and that even small forms of learning success control can suffice, such as the possibility of asking questions. If the admission is missing, the contract is null and void.

Consequences for providers

Participants can reclaim paid amounts. This can be life-threatening for providers if many participants make claims at the same time.

• Check programs for learning controls
• Adjust design or apply for approval
• Revise contracts and terms and conditions
• Check provisions for reclaims

What participants should know

Anyone who has booked expensive coaching can have it checked whether the program was subject to admission. The claims regularly expire after three years.

Practical examples

Conclusion

Coaching providers should have their programs checked promptly. Early adjustment is cheaper than a wave of recovery.

Do you have questions on this topic? More on this on our page Coaching and Online Courses or directly via our Initial assessment.

Frequently asked questions

When does an online course fall under the Distance Learning Protection Act?

If knowledge is mainly imparted separately for fees and the learning success is monitored, for example through questions, feedback or homework. According to the case law of the BGH, this can also apply to coaching towards entrepreneurs.

What happens if my course is not admitted?

A distance learning course requiring a license without ZFU approval is void. Participants can reclaim fees already paid, which can trigger significant reclaims.

How can I make my offer legally secure?

Either you get the ZFU approval or you design the offer in such a way that there is no learning success control. Both should be coordinated with the terms and conditions and the sales process.

Further information: Coaching and Online Courses · Legally secure terms and conditions and contracts

The post Online coaching and the FernUSG: what creators should do now first appeared on Influencerrechte.