International Influencer Campaigns and Trials: Your Cross-Border Law Firm

When campaigns and conflicts become cross-border

Many creators have an international audience, work with brands from abroad or produce when travelling. This raises questions that go beyond German law: Which law applies to the contract? Where to sue in the event of a dispute? What labeling rules apply in France, the UK or the USA?

Horak. Rechtsanwälte has been advising on international business and IP law for many years and works together with a network of foreign law firms. At the same time, we represent our clients in German courts, out of court and in urgent proceedings.

Typical situations in which we help

• An American brand will send you an English-language contract under US law.
• They are planning a campaign with creators from several EU countries.
• A foreign agency does not pay your fee.
• Your content is used by an account abroad.
• They want to obtain an injunction against a violation of the law.
• You will be sued or have received a dunning notice.

Legal basis at a glance

Applicable law and jurisdiction

For contractual obligations in the EU, the ROM-I Regulation determines the applicable law. The parties are free to choose. Without a choice of law, the right to habitual residence of the service provider usually applies. International jurisdiction is governed by the Brussels IA Regulation, to third countries according to national law and agreements. Jurisdiction clauses in foreign contracts should therefore be carefully examined.

Advertising rules abroad

In the EU, there is a harmonized framework against unfair business practices, but the design differs. In 2023, France enacted its own commercial influence by influencers. In Great Britain, the CAP rules and the ASA set the tone, in the USA the endorsement guides of FTC. For cross-border campaigns, the strictest standard is recommended.

Judicial proceedings in Germany

In the event of legal violations, an injunction can be issued within a few days if there is urgency. The dunning procedure is available for payment claims. In competition law, the so-called flying place of jurisdiction for online violations has been restricted since 2020 (§ 14 Para. 2 UWG). In copyright and personality rights, on the other hand, complaints can often be made in several places.

Delivery and enforcement abroad

Within the EU, regulations significantly facilitate the delivery and enforcement of judgments. Outside the EU, it is more complex. This should be taken into account when drafting the contract, for example through advance payments or arbitration clauses.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Accept foreign law and jurisdiction clauses unchecked.
• For campaigns, only observe the German labeling rules.
• Wait too long to enforce and thus lose the urgency.
• Not answer the court’s letter in a timely manner.