Ad Disclosure in Influencer Marketing: German Rules Explained

Short answer: In Germany, influencers must disclose a post as advertising as soon as they receive payment or a similar consideration for it, which includes free products, trips, discounts, or commissions. Since the 2022 reform of the German Unfair Competition Act, this is governed by Section 5a(4) UWG. The safest option is the word "Werbung" (advertising) or "Anzeige" (ad) right at the beginning of the post, clearly visible and recognizable without scrolling.

In brief

• The main legal basis is Section 5a(4) UWG (since May 2022), supplemented by the Interstate Media Treaty (MStV) and the Digital Services Act (DDG).
• Consideration is not just money: free products (barter deals), trips, or discount codes count too.
• Without consideration there is generally no disclosure obligation, but the law presumes that consideration was given, so influencers have to prove otherwise.
• "Werbung" or "Anzeige" at the beginning is recommended; "ad", "sponsored by", or a hashtag at the end is not enough.
• The platforms' paid partnership label supplements the disclosure but, according to the German media authorities, does not automatically replace it.
• Companies should define the disclosure in the briefing and check it during content approval.

What is ad disclosure in influencer marketing?

Ad disclosure in influencer marketing is the clearly visible notice that a social media post serves a commercial purpose, for example "Werbung" or "Anzeige". It is meant to prevent followers from mistaking a paid recommendation for a personal, neutral opinion. If the commercial purpose is concealed, this is called surreptitious advertising.

The obligation applies to all formats: Instagram posts, reels, and stories, TikTok videos, YouTube videos, blog articles, podcasts, and LinkedIn posts. It applies to influencers and content creators of every size; there is no fixed follower threshold. According to the consumer advice center of North Rhine-Westphalia (Verbraucherzentrale NRW) (as of February 2025), what matters is whether someone acts commercially and functions as a multiplier.

What does Section 5a(4) UWG regulate since the 2022 UWG reform?

Since May 28, 2022, Section 5a(4) UWG explicitly regulates when a post in favor of a third-party company counts as advertising: when the person acting receives, or is promised, payment or a similar consideration for it. What was once a "new draft law" has become applicable law, and the legal situation today is much clearer than it was a few years ago.

The reform follows three rulings by the German Federal Court of Justice (BGH) of September 9, 2021. Among other things, the BGH ruled that an influencer who had received no consideration from the manufacturers shown did not have to label her posts, while a paid post without disclosure was unlawful (summary by ROSE & PARTNER).

• Consideration: Money, free products, trips, event invitations, discounts, or commissions.
• Presumption: The law presumes that consideration was given. Anyone who bought a product themselves should be able to prove it with a receipt.
• Further rules: In addition to the UWG, the Interstate Media Treaty (MStV) and the Digital Services Act (DDG) apply, which also require a separation of advertising and content.

This article is not legal advice. For individual cases, such as contracts with exclusivity or your own brands, a legal review is worthwhile.

When do influencers have to disclose advertising?

Influencers must disclose as soon as a company gives or promises them something for a post. This applies regardless of whether the consideration is money or in kind.

• Paid collaboration: A fee for a post, reel, story, or video.
• Barter deal: A product provided free of charge counts as consideration. Read more in our article on barter deals with influencers.
• Affiliate links and discount codes: Anyone who earns from sales is advertising, even if no fixed fee is paid.
• Trips and events: Covered travel costs or invitations are also consideration.
• Brand requirements: If the company specifies content, timing, or message, that is a strong indication of advertising.

When is no disclosure needed?

If a creator shows a product they bought themselves out of their own motivation, there is generally no obligation to disclose. Purely private posts are not affected either. Caution applies to a so-called "excess of advertising" ("werblicher Überschuss"): according to eRecht24, a one-sidedly praising presentation or a link directly to the manufacturer's page, for example, can indicate that it is advertising after all.

What applies to your own products?

If an influencer promotes their own brand or company, disclosure is generally not required under the guidelines of the German media authorities, provided it is clearly recognizable to followers that it is their own business. If that is not obvious, the post should be disclosed.

How do I disclose advertising correctly?

A post is correctly disclosed when its commercial nature is recognizable at first glance. The consumer advice center puts it this way: advertising must be recognizable as such "clearly at the beginning".

1. Choose the term: "Werbung" or "Anzeige" are the safe options. "Bezahlte Werbepartnerschaft" (paid advertising partnership) is also permissible according to the media authorities.
2. Put it at the beginning: The notice belongs at the start of the caption, not at the end or in the hashtag block.
3. Make it visible: Visible without scrolling or expanding, easy to read, not covered by interface elements.
4. For image-only posts: Place a graphic notice directly in the image.
5. Use the platform tool in addition: The "Paid partnership" label from Instagram, TikTok, or YouTube is a useful addition.

According to the guidelines, terms such as "Advertorial", "sponsored by", or abbreviations like "ad" are not sufficient. A blanket notice in the profile ("This account contains advertising") is not enough either; every promotional post must be disclosed individually.

What do the German media authorities' guidelines recommend?

The guidelines of the German media authorities (Medienanstalten) on "ad disclosure in online media" are the most important practical reference for creators in Germany. The State Media Authority of Baden-Württemberg (LFK) refers to the version dated May 2025. The key points by format:

The media authorities update their guidelines regularly. Before major campaigns, check the current version at die-medienanstalten.de.

What are the consequences of missing ad disclosure?

If the disclosure is missing, the post is generally considered unfair under competition law. Possible consequences are cease-and-desist letters (Abmahnungen) from competitors or associations such as the Wettbewerbszentrale, injunctive relief claims, and complaints from the responsible state media authority. On top of that comes the damage to reputation: followers react sensitively when they feel deceived.

Companies are not automatically off the hook either. Anyone commissioning a collaboration should make sure that the disclosure is agreed on and implemented.

What do companies need to consider in influencer collaborations?

Companies should treat ad disclosure as a fixed process step, from briefing to approval. This protects both them and their creators.

• Define it in the briefing: Include the disclosure ("Werbung" at the beginning + paid partnership label) as a mandatory item. You can find a template in our guide to the influencer briefing.
• Regulate it in the agreement: Record deliverables, usage rights, and disclosure in writing. More on this in the article on booking influencers.
• Check before posting: Review content drafts for correct disclosure.
• Have barter deals disclosed too: Product instead of a fee is also consideration.
• Document: Store approvals and links to the live posts.

On Kreatory, you approve content before it is posted, so you can check the disclosure before a post goes live. Set up a campaign, find suitable creators via AI matching, compare offers, and book with one click. The 90-second demo shows what this looks like in practice.

Want to run influencer campaigns with a clean approval process? Register for free or book a personal demo.

FAQ on ad disclosure in influencer marketing

Is "#ad" or "#sponsored" enough as ad disclosure?

No. In German-language posts, English terms such as "ad" or "sponsored by" are considered insufficient under the media authorities' guidelines. Use "Werbung" or "Anzeige" at the beginning of the post.

Do I have to disclose if I only received a product as a gift?

Generally yes. A product provided free of charge counts as consideration under Section 5a(4) UWG. So you should disclose barter deals as advertising too.

Is Instagram's "Paid partnership" label enough?

The platform label is a useful addition. But the media authorities also recommend a clear notice such as "Werbung" at the beginning of the post so that the disclosure is reliably recognizable at first glance.

Do I have to disclose every story individually?

Yes. For stories, every promotional sequence should carry a clearly visible notice, because users can skip individual slides or jump in directly.

Do I have to disclose products I bought myself?

Generally not, as long as no consideration was given and there is no excess of advertising. Since the law presumes consideration, you should keep your purchase receipts.

Who is liable for missing disclosure, the influencer or the company?

Primarily the influencer who publishes the post. Depending on the individual case, however, the commissioning company can also be held liable. So regulate the disclosure in the briefing and in the agreement. This article is not legal advice.