Is participation in a sponsored event subject to labelling?

There is already a lot around the topic of influencers and labelling requirements and even if the case law currently points very clearly in one direction, the uncertainty is always great. That’s why I keep getting questions from old and new tenants.

I have already clarified many topics here on the blog, but what if, for example, I am invited to an event as a game magazine or other person, which is used to promote a product, event, service or similar?

If, for example, I were to make a post as a lawyer, that I will be invited tomorrow at the presentation of the Global Masters at the Veltins Arena in Gelsenkirchen on Schalke to find out in detail what is planned in a three-day event from 17 July 2020. Is?

Would I have to put a #Werbung in this post? Or can I just pretend to be just reporting on a 7-figure prize money? Well, as long as I pay for the journey myself (*Hint* that’s the case *Hint*) I don’t have to insert any tags here, because I don’t have any advantages from the invitation and certainly not from the fact that I report about it in this post. The only benefits may be free drinks and snacks, which would not be worth the cost of travel. In any case, I accept that. But I would probably get this even without the post here.

But does this also apply to the fact that I might be able to meet new clients there, who could convince me of the advantages of a lawyer specializing in esports and gaming? I don’t think so, because that would also be the case if I didn’t post this post here on the blog. I must continue to be convincing and honest in such conversations and show that I can be trusted.

This could be seen differently from two other points of view (see this post for a similar case). If the organizer pays for the trip and possibly even the accommodation costs and I would be obliged to report on the event, one could argue that at least these circumstances should be pointed out. This is especially true when it is not absolutely clear that it is, for example, a press event or that there is no direct link between the, perhaps still very positive – reporting and the payment for food and lodging. Since this case law operates in the area of tension of freedom of the press, it depends on the special circumstances, namely where the event is reported and in what way is reported.

If you take this post, for example, it is hard to believe that it will help to promote the event next year and will only lead to a single extra booking. Rather, I also deal openly with the circumstances under which the invitation takes place and i do not run a particularly relevant blog with my lawyer’s page, which otherwise reports on foreign products or services.

However, the question of whether a label is necessary will always arise and, as an influencer, streamer or even operator of a blog or news page, one should begin to feel in the current phase of uncertainty regarding details in the case law to develop what is unproblematic and which publication is at least in the grey area.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.