What are the legal frameworks for influencer marketing?

Influencer marketing in Germany is subject to numerous legal regulations that both companies and influencers must comply with. Violations of these regulations can not only lead to warnings and fines, but can also permanently damage the trust of the community and the reputation of a company or creator. Therefore, it is essential to familiarize yourself with the applicable regulations and, if in doubt, seek legal advice.

1. Advertising labeling

According to the German Act Against Unfair Competition (UWG), paid posts or any collaborations with companies must be clearly marked as advertising. This applies to both traditional advertising posts and sponsored content in stories or videos. Simply marking them with hashtags such as #ad or #sponsored is not sufficient in Germany. The marking must be immediately recognizable to the average user and placed at the beginning of a post.

2. Media law regulations

In addition, the provisions of the Telemedia Act (TMG) and the Interstate Broadcasting Agreement (RStV) apply, especially if influencers regularly publish content that could be classified as journalistic or editorial. In these cases, a legal notice requirement may apply.

3. Data protection (GDPR)

Influencers and companies must comply with the General Data Protection Regulation (GDPR) when processing personal data – for example, through competitions or tracking tools. Violations of the GDPR can result in heavy fines.

4. Copyright

Anyone using third-party content such as music, images, or videos requires the appropriate license or written permission. Otherwise, copyright infringement notices may be issued, which can be costly.

5. Tax aspects and artists' social insurance fund

All income from influencer marketing is subject to tax. This includes both direct payments and benefits in kind, such as free products or travel. The Artists' Social Insurance Fund (KSK) also plays a role: It requires companies that regularly work with influencers to pay a levy of currently 5% of the fees paid. Contractually, it must be specified who pays this levy—usually, the client does this. Detailed regulations can be found on the KSK website: www.kuenstlersozialkasse.de

Those who familiarize themselves with the legal framework at an early stage can minimize risks and implement influencer marketing in a legally compliant and professional manner.