Influencer marketing has become a significant part of the advertising industry in recent years. Influencers, individuals who have a large following due to their presence on social media, use their platforms to promote products and services. However, they are also subject to legal obligations. In this article, we will take an in-depth look at influencer law, the areas of law involved, relevant laws, and important aspects influencers should be aware of.

What is Influencer Law?

Influencer law refers to the legal framework that governs the activities of influencers on social media. It covers various areas of law such as competition law, copyright law, data protection law and contract law.

Areas of law and relevant laws

Competition law

Influencers must follow the rules of fair competition. In Germany, the Unfair Competition Act (UWG) is particularly relevant. It prohibits misleading advertising and requires influencers to clearly identify commercial posts as such.

Copyright

Influencers must be careful not to use copyrighted works such as music, images or videos without permission. The Copyright Act (UrhG) protects the rights of authors.

Data protection Law

Data protection law, in particular the General Data Protection Regulation (GDPR), is relevant for influencers when they process personal data of their followers.

Contract law

Influencers often sign contracts with companies they promote. These contracts should clearly regulate the rights and obligations of both parties.

What should influencers look out for?

Advertising labeling

In Germany, influencers must clearly label advertising. Contributions for which they receive consideration must be marked as “advertising” or “advertisement”. Surreptitious advertising is prohibited.

Copyright compliance

Influencers should ensure that they do not use copyrighted materials without permission. This can lead to costly litigation.

Privacy

Influencers must comply with data protection laws, especially when collecting or processing personal data. They should be transparent about what data they collect and how it is used.

Contracts

Influencers should review contracts carefully before signing them. It is advisable to seek legal advice to ensure that the contract is fair and protects one’s interests.

Liability

Influencers can be held liable for the content they publish. You should therefore be careful not to disseminate false or misleading information.

Conclusion

Influencer law is a complex field that encompasses various areas of law. Influencers must be aware of the legal obligations that come with their activities and ensure that they comply with laws and regulations. This includes properly labeling advertisements, complying with copyright laws, protecting personal data, and understanding the contracts they enter into. By paying attention to these aspects, influencers can minimize legal risks and ensure responsible use of their platform.