How do you correctly label advertising in influencer marketing?

Advertising labeling must be clear, unambiguous, and immediately recognizable to the average user – this is especially true in many European markets, where each country has its own rules. In Germany, there are important principles you must follow to stay legally safe. The terms "advertisement," "ad," or "paid partnership" should always be placed at the top of a post's caption, i.e., right at the beginning of the text. Placing them at the end or hidden in the description is not permitted, as they are not immediately noticeable. We recommend activating integrated features such as the "Paid Partnership" button on Instagram, TikTok, or YouTube to make the label immediately visible. Terms like #ad or #sponsored alone are not sufficient in Germany and many other countries, but can be used in addition to increase transparency. In Instagram and TikTok stories, it must also be clearly visible that this is a paid collaboration – a small, hidden label at the top is not sufficient and does not comply with legal requirements.

When do you have to label advertising?

The obligation to label advertising always applies when there is a material or immaterial benefit. This means that not only monetary payment is relevant, but other benefits must also be considered. These include discounted or free products and services, equity in the advertised company, or other economic advantages received by the influencer. In such cases, clear labeling is essential to comply with legal requirements and avoid jeopardizing the trust of your target audience. For detailed legal regulations in Germany, you can consult the Guide to Advertising Labeling in Online Media, which provides further information. This way, you can ensure that your influencer marketing campaigns are not only successful but also legally sound.

Internationally, there are various legal regulations that we won't list here. However, in general, it can be simplified that as soon as an influencer receives an intangible or material benefit, "advertising" is marked in the local language at the very beginning of a caption and transparently in stories.

We have listed further legal frameworks, such as the topic of KSK, here .