• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Law on the Internet > Triangular relationships in influencer marketing: Exciting aspects from Offenburg Regional Court

Triangular relationships in influencer marketing: Exciting aspects from Offenburg Regional Court

17. February 2024
in Law on the Internet
Reading Time: 4 mins read
0 0
A A
0
ChatGPT Image 25. Apr. 2025 09 26 46
Key Facts
  • Ruling by the Regional Court of Offenburg confirms the legal protection provided by separate contracts between intermediaries and advertising partners.
  • Management remuneration not dependent on the performance of the influencer - clear separation is necessary
  • Duplication of management activities is permissible if it does not violate the contracts and is communicated transparently.
  • Right of termination not agreed, emphasizes importance of clear contract design to define rights and obligations.
  • Agent's commission claims independent of the influencer 's performance - important finding in triangular relationships.
  • Contractual clarity protects the broker's interests and prevents legal conflicts.
  • The ruling provides valuable guidance for drafting contracts in the field of influencer marketing.

In my legal practice in the areas of copyright law, competition law and IT law, I regularly advise management of influencers and intermediaries in complex contractual constellations. A recurring problem is the non-fulfillment of payment obligations by advertising partners, especially in intermediary relationships between influencers and brands. These constellations require a deep understanding of the legal dynamics and precise contract drafting in order to protect the interests of the intermediaries. In one such case, I recently obtained a significant judgment for an intermediary at the Regional Court of Offenburg, which provides important legal insights into the enforcement of payment claims in these constellations. This ruling not only highlights the legal challenges in influencer marketing, but also sets a precedent for similar cases. It underlines the importance of clearly defined contractual relationships and provides valuable guidance for the drafting of future contracts.

Separate contractual relationships as legal protection

The ruling by the Regional Court of Offenburg is a significant milestone in the legal handling of agency agreements in influencer marketing. It confirms the legality and enforceability of separate commission contracts between intermediaries and advertising partners. This practice, which is not in conflict with brokerage law pursuant to § 652 BGB, shows that the creation of an independent contractual relationship between the management and the advertising partner is an effective strategy for securing commission claims.

The court clarified that the remuneration of the management cannot be dependent on the performance of the influencer. It was established that, according to the express content of the contract, the mediating party was to be obliged to provide mediation and consulting services for the benefit of the defendant party, without the proper provision of services by the influencer being part of its responsibilities and obligations. This underlines the need for a clear separation of contractual relationships.

In addition, the issue of management duplication was addressed. The court pointed out that such activity is not generally prohibited, but only if it is “contrary to the contract”. It was explained that dual action is permissible even without express permission if the dual mandate was clearly recognizable or foreseeable for the other client side and the mediating party restricts itself to mediating between their interests. This shows that transparent communication and clear contractual terms are essential in order to avoid legal conflicts.

Finally, the issue of termination of the contractual relationship was also addressed. The court found that a right of termination had not been agreed and that the applicability of § 671 BGB was not given in this case. It was emphasized that the contractual relationship was not a gratuitous assignment, as the parties had agreed on remuneration for the work of the mediating party. This emphasizes the importance of careful contract drafting in order to clearly define the rights and obligations of both parties.

Independence of commission from influencer performance

A key aspect of the Offenburg Regional Court’s ruling is the finding that management remuneration cannot be dependent on the influencer’s performance. This finding is particularly exciting as it highlights the complexity and dynamics of triangular relationships in influencer marketing. In such constellations, where both the influencer and the brand determine the conditions and execution of their collaboration, two independent contractual relationships arise.

The court emphasizes that the intermediary has no direct influence on the performance of the influencer. This follows the logic that in a triangular relationship, where separate contracts exist between the intermediary and the advertising partner and between the influencer and the advertising partner, the performance of the intermediary is to be considered independently of that of the influencer. This independence is crucial as it forms the basis for the agent’s commission claims, regardless of how the influencer fulfills their contractual obligations to the brand.

The ruling reflects the need for clear and independent agreements between intermediaries, influencers and brands when drafting contracts. This independence protects the broker’s interests and ensures that his remuneration is not affected by factors beyond his control. It emphasizes the importance of careful and specific contract drafting in influencer marketing in order to clearly define the rights and obligations of all parties involved and avoid potential legal conflicts.

Conclusion and recommendation for action

The ruling by the Regional Court of Offenburg opens up significant perspectives for the drafting of contracts in influencer marketing. It deals comprehensively with the legal aspects that are decisive for the drafting of contracts in this area, in particular the importance of separate contractual relationships to secure commission claims and the clarification of the legal admissibility of dual activities in the context of brokerage law.

As a lawyer who specializes in this area, I see this ruling as a valuable basis for advising my clients. It offers detailed insights into the legal structures that are relevant for drafting contracts in influencer marketing and addresses specific challenges of triangular relationships.

For intermediaries of cooperations between influencers and brands, the ruling provides important points of reference for the design of their contracts. It enables me to offer targeted and well-founded advice and to develop contract structures that take appropriate account of the interests of both the intermediaries and the other parties involved. This particularly emphasizes the importance of thorough legal analysis and careful contract drafting.

I invite intermediaries and all players in the field of influencer marketing to contact me for individual advice and support in drafting their contracts. With the knowledge gained from this ruling, we can jointly ensure that your contracts comply with current legal requirements and are optimally tailored to your specific needs.

Tags: AnalyseBeratungBrandsCommissionCompetition lawContract designFireInfluencerIT LawJudgmentKündigungLawyerManagementmarketingrightUrheberrechtVerträge

Weitere spannende Blogposts

Esports Europe: A Commentary

Callback option and other chat options
7. November 2022

A European umbrella organization in esports has just been established. This is to be my comment on the foundation and...

Read moreDetails

Epic Games’ victory in the antitrust dispute against Google Play Store: a turning point for the app economy?

Epic Games’ victory in the antitrust dispute against Google Play Store: a turning point for the app economy?
12. December 2023

Oh wow: Epic Games, the developer behind the world-famous game Fortnite, has scored a remarkable victory in an unprecedented antitrust...

Read moreDetails

Digital employment contracts: Soon to be a reality at last

Preparing for the Digital Service Act as a business
26. August 2024

The world of work is undergoing a digital transformation - but when it comes to employment contracts, of all things,...

Read moreDetails

Axel Springer v. Eyeo: This time copyright

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

After Axel Springer failed with its own lawsuit, based on competition law claims, at the Federal Court of Justice(some information...

Read moreDetails

BGH refers “cheat software” for game consoles to the ECJ

BGH considers Uber Black to be anti-competitive
23. February 2023

The I. Civil Senate of the Federal Court of Justice, which is responsible among other things for copyright law, has,...

Read moreDetails

EU Copyright Reform & Upload Filter

Working abroad in the EU? Do not forget A1 certificate!
7. November 2022

Yesterday evening, a decision was made in Brussels that many legal experts, but above all Internet companies and institutions, consider...

Read moreDetails

More consumer protection when buying apps and software

More consumer protection when buying apps and software
7. November 2022

On November 3, 2020, the Federal Ministry of Justice and Consumer Protection presented drafts for the implementation of the Digital...

Read moreDetails

PackG: Affiliates, Merchshops, Dropshipping affected?

PackG: Affiliates, Merchshops, Dropshipping affected?
30. December 2018

Does the PackG apply to streamers, esport teams, etc.? In line with my post from yesterday, I would like to...

Read moreDetails

Advertising with SSL encryption

abmahnung
8. February 2019

The question of whether a website nowadays, at least if it processes customer data in any way, must be SSL-encrypted...

Read moreDetails
Earn-Out

Earn-Out

16. October 2024

An earn-out is a contractual clause in company sales or mergers that links part of the purchase price to the...

Read moreDetails
Customer protection clause

Customer protection clause

16. October 2024
Age verification systems (AVS)

Age verification systems (AVS)

16. October 2024
Step action

Step action

25. June 2023
e geld

E-money

27. June 2023

Podcast Folgen

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

28. August 2024

Willkommen zur dritten Episode unseres Podcasts "IT Media Law"! In dieser Folge tauchen wir ein in die faszinierende Welt der...

eda7ba83 c559 4e68 8441 41159a0751f3

Blitzskalierung und rechtliche Herausforderungen: Der Balanceakt für Startups

20. April 2025

In dieser Episode sprechen Anna und Max über die rechtlichen Herausforderungen von Blitzskalierung und disruptiven Geschäftsmodellen. Am Beispiel von Plattformen...

Das Metaverse – Rechtliche Herausforderungen in virtuellen Welten

Das Metaverse – Rechtliche Herausforderungen in virtuellen Welten

25. September 2024

In dieser faszinierenden Episode tauchen wir tief in die rechtlichen Aspekte des Metaverse ein. Als Rechtsanwalt und Technik-Enthusiast beleuchte ich...

“Digitales Recht Entschlüsselt” mit Rechtsanwalt Marian Härtel

“Digitales Recht Entschlüsselt” mit Rechtsanwalt Marian Härtel

25. September 2024

In diesem spannenden 30-minütigen Podcast entschlüsselt Rechtsanwalt Marian Härtel die komplexe Welt des digitalen Rechts für Selbstständige, Startups und Solopreneure....

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung