What legal pitfalls are there when using influencers in my advertising campaign?
December 31, 2022 | 40,00 EUR | answered by Isabel Tressel
Dear lawyer,
I am Andreas Ley and I am currently working on an advertising campaign for my company in which we want to involve influencers. I want to make sure that we comply with all legal requirements and do not risk any unintended consequences.
Currently, we have already selected some influencers to promote our products. We have made verbal agreements and have not yet signed any written contracts. However, since influencers have a large reach and we want to reach our target audience with their help, we are unsure if we are doing everything correctly.
My concern is mainly that we might be violating the law if we do not provide all the necessary information or do not comply with labeling requirements. Additionally, I fear that we might face legal consequences if the influencers spread false or misleading information about our products.
Could you please tell me what legal pitfalls there are when using influencers in my advertising campaign? What information do we need to provide and how can we ensure that the influencers comply with all legal requirements? Are there specific clauses that we should include in the contracts to protect ourselves?
Thank you in advance for your help, and I look forward to your professional advice.
Sincerely,
Andreas Ley
Dear Mr. Ley,
Thank you for your inquiry regarding the use of influencers in your advertising campaign and your concern about possible legal pitfalls. It is important to comply with all legal requirements to avoid legal consequences. In fact, there are some points to consider when working with influencers.
First of all, it is important to know that influencer marketing falls under media law and therefore certain labeling obligations must be met. Influencers must clearly and explicitly indicate that it is advertising to avoid misleading potential consumers. This can be done, for example, by using the hashtags #ad or #sponsored. Failure to clearly label this could be considered as misleading advertising, which could have legal consequences.
Furthermore, all information about the promoted products must be truthful and transparent. If influencers spread false or misleading information, you as a company could be held liable. Therefore, it is important to instruct influencers and ensure they adhere to all requirements.
To protect yourself, it is essential to have written contracts with the influencers. These contracts should clearly outline all agreements, such as the type of advertising, the products to be promoted, the compensation, and the labeling obligations. Additionally, you can include certain clauses in the contracts to protect your rights as a company, such as liability waivers or confidentiality clauses.
It is advisable to seek advice from a specialized media law attorney to ensure that your advertising campaign complies with all legal requirements and is legally secure. I am available for individual consultation to address your questions in more detail and assist you in drafting the contracts.
I hope this information has been helpful and I am at your disposal for any further questions.
Best regards,
Isabel Tressel
Media Law Attorney
