Expansion and internationalization: open up new markets for creators in a legally secure manner

A second language channel, campaigns in France, customers in the USA: internationalization brings reach and new rules. We make sure you know them before you meet them.

  • Advertising law and labeling in the target markets
  • Contracts, jurisdiction and security of payment
  • Brands, data protection and taxes cross-border
Reception of the law firm Horak in Hanover
Dipl.-Ing. Michael Horak, LL.M.
Your contact personDipl.-Ing. Michael Horak, LL.M.Lawyer · Specialist lawyer for intellectual property law · Specialist lawyer for copyright and media law

International reach, national rules

Social media knows no bounds, but the law does. If you specifically address a foreign audience, you often have to observe the local advertising rules. In 2023, France enacted its own commercial influence by influencers, and the UK relies on the rules of advertising supervision ASA, the USA on the endorsement guides of FTC. There are also questions about contracts with foreign partners, brands in new markets and taxation.

We advise creators, agencies and brands on the expansion and work together with an international network of partner law firms. In this way you will receive coordinated advice without having to look for lawyers in every country.

Typical situations in which we help

  • You start a channel in another language.
  • A campaign is to run in several countries at the same time.
  • They sell products or courses to customers abroad.
  • You set up a branch or company abroad.
  • They work with creators from different countries.

Legal basis at a glance

Advertising law in the target market

If a contribution is recognizable to consumers in a specific country, its fairness law may be applicable. For campaigns in several countries, it is advisable to take the strictest standard as a basis and to label it in the respective national language.

Sales to consumers abroad

Anyone who sells products or digital content to consumers in other EU countries must observe their mandatory consumer law and check the one-stop shop procedure for sales tax. Outside the EU, in turn, own rules apply.

Structure and taxes

Tax obligations arise there with a foreign company or permanent establishment. Relocations of profits abroad are critically examined in Germany, for example through additional taxation. Structure and contracts should therefore be coordinated for tax purposes.

Chancellery hallway with ball lights
“First check the strictest market, then scale.”

Practical examples: typical scenarios

We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.

Case 1

French second channel

Situation: A fashion creator starts a French-language channel with cooperations of French brands.

Legal assessment: The French Influencer Act contains its own labeling and contract requirements and prohibits certain advertising content.

Our approach: We coordinate the adjustment of labeling and contracts with a partner law firm in Paris.

Case 2

Online course for customers worldwide

Situation: A financial YouTuber sells an online course to customers in the EU, Switzerland and the USA.

Legal assessment: Different consumer, tax and financial advertising rules apply.

Our approach: We design the terms and conditions and checkouts in such a way that they are carried in the main markets and clarify the sales tax.

Case 3

Society in the US

Situation: A gaming creator wants to settle accounts with American sponsors through a US company.

Legal assessment: A US company in Germany can be subject to additional taxation or have its location in the management of Germany.

Our approach: We examine the structure together with a US partner law firm and recommend a solution with a clear distinction.

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

  • German labeling transferred one to one to other markets.
  • Sign English contracts with foreign jurisdiction unchecked.
  • Establish a foreign company without checking the German tax consequences.
  • Register brands only after entering the market.

Frequently asked questions about internationalization

Do I need a lawyer in every country?

No. We coordinate the advice and only consult partner law firms where local law needs to be examined in detail.

Which advertising law applies to my German channel with an international audience?

Primarily the German. If you target content specifically to a specific country, its right can also apply.

Is a foreign company worth it?

This depends on the business model, residence and substance. Without a real presence on site, it usually brings more risks than advantages.

Related Topics

Do you need an assessment quickly?

Tell us your request. We’ll get back to you in advance and tell you in advance what costs you have to expect.

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