On 9 September 2021, the German Federal Court of Justice ruled for the first time on the conditions under which influencers must label their social media posts as advertising. In three landmark decisions, the Federal Court determined that a labelling obligation only exists if an influencer receives a remuneration for the product presentation or if the posts are "overly promotional" as products are presented without any critical distance or as links are provided to external websites of the manufacturers. However, the mere linking to social media profiles of the manufacturers alone does not lead to a labelling obligation.
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Authors: Lisa Schopp (Senior Associate at Raue, Media Law), Dr. Felix Laurin Stang (Partner at Raue, Media Law)