Influencer advertising rules in Germany are stricter and more actively enforced than in many other markets, and international brands are sometimes surprised by how much attention a missing label can attract. In Germany, competitors and consumer associations can send formal warning letters, and media authorities monitor advertising on social media. This guide explains the core principles: how sponsored content has to be labeled, which laws apply, when a creator account needs an imprint, and what brands themselves are responsible for. It is a practical overview for marketing teams, not legal advice. For a specific campaign or product claim, consult a lawyer familiar with German media and competition law.
The basic principle: advertising must be recognizable
The central idea behind all German rules on influencer advertising is simple: followers must be able to tell immediately whether content is advertising. If a creator receives money, free products, commission, a trip or any other benefit in return for presenting a product, the content is generally considered commercial communication and has to be identified as such.
The key word is "immediately". A label that only appears after expanding a caption, at the end of a long text or hidden among hashtags does not meet that standard. Followers who scroll quickly through their feed should understand at first glance that they are looking at advertising.
The legal basis: UWG, DDG and MStV
Three sets of rules are especially relevant for creator campaigns aimed at a German audience.
The Act Against Unfair Competition (UWG) prohibits concealing the commercial purpose of a business activity. Since a reform in 2022, the law clarifies that content promoting another company's products is not treated as commercial if the creator receives no payment or similar consideration for it. In practice, that means: as soon as there is consideration, whether money, free products or commission, the commercial purpose must be disclosed. Without any consideration, genuine personal recommendations may not need a label, although the details depend on the individual case.
The Interstate Media Treaty (MStV) applies to online media and requires that advertising is clearly recognizable as such and separated from other content. The German state media authorities, which supervise compliance, have published guidance on how advertising should be labeled online and can take action against violations.
The Digital Services Act (DDG), in German "Digitale-Dienste-Gesetz", replaced the former Telemedia Act (TMG) in May 2024. It contains the imprint obligation for commercially operated online services, now set out in Section 5 DDG. More on that below.
How to label sponsored content correctly
Use German terms. The labels "Werbung" (advertising) and "Anzeige" (advertisement) are the established and safest choices for a German-speaking audience. English abbreviations such as "#ad" or terms like "sponsored" are widely considered unclear for German-speaking followers. Vague terms like "in cooperation with" or "thanks to" are not a substitute.
Place the label at the start. On Instagram and TikTok, the label belongs at the beginning of the caption. In videos, Reels and Stories, it should also appear visibly in the content itself, for example as text overlay at the beginning, so that people who never open the caption still see it.
Label every Story. A Story sequence consists of several individual Stories. Each Story with advertising content should carry its own label, not just the first one.
Use platform tools, but not only them. Instagram offers a paid partnership label, and TikTok has a content disclosure setting for branded content. Using these tools is recommended and often required by the platforms. However, many legal commentators advise not to rely on them alone, because they are small and not equally visible in every view. The safer approach is to combine the platform tool with a clear "Werbung" or "Anzeige" label.
Discount codes and affiliate links count. A creator who earns commission through a discount code or affiliate link receives consideration. Such posts need a label as well, even if no fixed fee was paid. Our German-language guide on advertising labels on Instagram and TikTok (in German) goes into more detail on common mistakes.
The imprint duty for creator accounts
Under Section 5 DDG, providers of commercially operated digital services must provide certain information that is easy to recognize, directly accessible and permanently available. For creators who earn money through their accounts, this generally includes the social media profile. The required information typically covers the full name, a postal address where documents can be served, quick electronic contact such as an email address and, where applicable, register entries and a VAT identification number.
On Instagram and TikTok, creators usually meet this requirement with a clearly labeled link in their profile, for example to an imprint page on their own website. A link called "Impressum" or "Kontakt" that leads to the information in a few clicks is common practice. For brands, the practical point is this: when you work with German-speaking creators, check whether their profile has a proper imprint. A missing imprint is a frequent cause of warning letters and can draw attention to the whole account, including your campaign.
What brands are responsible for
Brands are not automatically safe because the creator publishes the content. Under German unfair competition law, a company can be held responsible for violations committed by people it engages to promote its products. In practice, that means brands have a real interest in making sure their creators label content correctly.
Put the label in the contract and briefing. The contract should specify that all sponsored content must be labeled in line with German law, and the briefing should describe exactly how: which term, where in the caption, how in the video, and for which Stories. How to write such a briefing is covered in our guide on German talent management vs. direct booking, including who takes care of approval and disclosure.
Check claims, not just labels. Some product categories have additional rules. Health claims for food and food supplements are regulated at EU level, advertising for medicinal products and medical devices is restricted in Germany, and cosmetics claims must be substantiated. A creator saying a supplement "cures" something can create legal problems regardless of a correct label. Review scripts and captions before publication.
Never ask creators to hide advertising. Beyond the legal risk, hidden advertising damages trust with German-speaking followers.
Labeling in practice: how campaigns stay compliant
In a well-run campaign, the label is defined in the contract, repeated in the briefing, checked during content approval and verified after publication. Seasonal campaigns with many creators and discount codes are particularly prone to mistakes. Our guide on Black Friday influencer marketing in Germany explains how to plan for that. For the bigger picture of entering the market, see influencer marketing in Germany.
FAQ
Is "#ad" enough to label sponsored content in Germany?
For a German-speaking audience, "#ad" is widely considered insufficient because not every follower understands the English abbreviation. The established labels are "Werbung" or "Anzeige", placed at the beginning of the caption and visibly in the video or Story itself. Combining that with the platform's own disclosure tool is the safest approach. When in doubt, choose the clearer German term.
Does a gifted product need to be labeled?
Generally yes. If a creator receives a product for free and presents it, the free product is usually considered consideration, and the post has a commercial purpose that must be disclosed. Only genuine recommendations without any consideration may not require a label, and that depends on the circumstances. For brands, the practical rule is to agree on labeling for every gifted product as well.
Who is liable if a creator forgets the label?
Both sides can face consequences. The creator is responsible for their own content, but under German competition law a brand can also be held responsible for violations by people it engages to promote its products. That is why brands should specify labeling in the contract and check it during content approval. This overview is not legal advice; ask a lawyer about specific cases.
Do creators in Austria and Switzerland follow the same rules?
The principles are similar: advertising must be recognizable. However, Austria and Switzerland have their own laws and authorities, and details can differ, including imprint requirements. Since German-speaking creators often reach followers in all three countries, many campaigns use the German standard as the baseline. If a campaign focuses on Austria or Switzerland, check the local rules separately.
Book German creators with TrueTalent
TrueTalent represents German-speaking creators from fitness, lifestyle, fashion, beauty, health and food on Instagram, TikTok and YouTube. Brands can book one creator or several at once. TrueTalent handles creator selection, negotiation, contract, usage rights, briefing, content approval, ad disclosure and invoicing, so labeling is checked as part of every campaign. You get one point of contact and one invoice. More about how we work is on the TrueTalent homepage. Book German creators | Meet our creators
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