Labelling ads as an influencer in Germany: a guide

As soon as you receive money, a product or any other benefit from a brand for a post, you have to label it as advertising in Germany. The safest way is the German word "Werbung" or "Anzeige", clearly visible at the start of the post and, for stories, on every single slide. In this guide you will learn when the labelling obligation applies to influencers, how to label ads correctly on Instagram, TikTok and YouTube, and what brands should look out for.

If you are a brand looking for an agency to run your campaigns, also read our guide how to find an influencer marketing agency. It covers selection, process and costs.

Note: This article gives a general overview and is not legal advice. The legal situation keeps evolving, and in the end every case depends on its own facts. If you are unsure, talk to a lawyer with experience in German media and competition law.

Why labelling matters

Your community follows you because they trust you. That is exactly why they need to be able to tell when you are sharing your own opinion and when you are speaking on behalf of a brand. That is what the labelling obligation is about: transparency for the people who see your content.

Legally, several sets of rules work together:

• Competition law (UWG): Under § 5a (4) UWG, it is unfair not to disclose the commercial purpose of a post unless it is already clear from the circumstances. Violations can lead to cease and desist letters from competitors or associations.
• Media law (MStV): The Interstate Media Treaty requires advertising to be recognisable as such. § 22 MStV applies to image and text posts, and the advertising rules in § 8 MStV apply to videos. The state media authorities (Landesmedienanstalten) monitor this and can take action.
• German Digital Services Act (DDG): In 2024 it replaced the German Telemedia Act (TMG) and also requires commercial communication to be clearly recognisable.

The practical reference is the guide of the German media authorities on advertising labelling in online media ("Leitfaden der Medienanstalten zur Werbekennzeichnung bei Online Medien"). It shows in a clear matrix when and how content must be labelled. Many recommendations in this article are based on it.

Missing labels are not a detail. They can have legal consequences, and they cost you trust with your community and with brands.

When you must label advertising

The basic rule is simple: if you receive something in return for a post, it is advertising. Whether that is money or something else makes no difference.

Paid partnerships

A brand pays you for a post, a reel, a story or a video. This is the clearest case. You have to label it, every time.

Gifted products and PR samples

Products you receive for free can also count as something in return. The same applies to covered travel costs, hotel stays or invitations to events. The media authorities see a clear labelling obligation above all when publication is tied to an agreement or condition. Since the 2022 amendment of the UWG, it is also presumed that you received something in return when you promote a third party brand. If in doubt, you have to be able to show that you did not.

In practice: if you show a product you were given, label the post.

Affiliate links and discount codes

If you earn money from sales through your link, the post has a commercial purpose. According to the media authorities' guide, you can mark affiliate links with an asterisk and a short explanation right next to the link. Discount codes need a clear "Werbung" or "Anzeige" immediately next to the code.

Your own products and your own brand

If you have your own brand, such as a cosmetics label or merchandise, that is advertising too. If your community cannot clearly tell that the company belongs to you, you have to label it. This also applies when you share posts about your own products from other accounts. For products you developed together with a brand, labelling is required as well.

Unpaid, but with a brand relationship

It gets trickier when no money changes hands. If you buy a product yourself and show it on your own initiative, that is usually not advertising. On 9 September 2021, the German Federal Court of Justice (BGH) ruled in three cases involving influencers, including Cathy Hummels and Leonie Hanne, that not every post with products or tags is automatically advertising. Without anything in return, a label is generally not required. In the third case, however, an influencer had to label her post because she had received something in return for it.

What counts is the overall impression. If a post comes across as excessively promotional, it can be treated as advertising even without payment. Signs of this include calls to buy, prices and shop links, or the same brand appearing again and again without an obvious reason. If you have an ongoing relationship with a brand, such as a past or planned partnership, take a particularly close look. If in doubt, labelling is the safer choice.

How to label ads on each platform

Whatever the platform, the label must be recognisable at first glance. It belongs at the start, not at the end and not in a block of hashtags. On German language accounts, use the German terms "Werbung" or "Anzeige". The media authorities do not consider abbreviations and English terms such as "ad", "sponsored by" or "PR sample" sufficient for German speaking accounts.

Instagram feed and Reels

Make "Werbung" or "Anzeige" the first word of the caption, before the text gets cut off. For posts without text, the label belongs clearly in the image. Instagram's "Paid partnership" label shows the brand at the top of the post. The media authorities accept the prefix "bezahlte Werbepartnerschaft" (paid advertising partnership) as a label. Many creators and brands still add "Werbung" to the caption and the image, because it stays visible in every view.

Instagram Stories

Stories are the most common mistake. Each slide is viewed on its own, often without the slides before it. That is why the label must appear on every slide that features the partnership. Make sure stickers, GIFs or text do not cover it and that it stands out from the background.

TikTok

The same principles apply on TikTok. Label at the very start of the description and show "Werbung" in the video, so it is visible even when people scroll fast. TikTok also has its own setting for disclosing ads. Use it for every partnership.

YouTube

Videos fall under the stricter rules of broadcasting law. What matters is the role the product plays. If it is the focus, you show "Werbung" for the entire video or the entire ad sequence. If an ad segment is built into an otherwise editorial video, announce it clearly and make it obvious when it ends. If the product only plays a minor role, a notice such as "Unterstützt durch Produktplatzierung" (supported by product placement) at the start is enough. Once you mention a discount code or a way to buy, the media authorities treat it as advertising. Also switch on the setting in YouTube that says your video contains paid promotion.

Reposts

If you share a post from a brand you have no partnership with and do not benefit from, the media authorities say a label is usually not needed. If you share posts about an ongoing partnership or about your own products, label the repost too.

Common labelling mistakes

• The label is at the end of the caption or hidden among hashtags.
• Only the first story slide is labelled.
• English terms such as "ad" or "sponsored" instead of "Werbung" or "Anzeige".
• Vague wording such as "in collaboration with" or "thanks to".
• The label is too small, transparent or covered by stickers.
• Only the platform label is used, with no additional notice in the post.
• Gifted products are shown without a label.
• Affiliate links and discount codes without a notice right next to them.
• A general line in the bio saying the account contains ads. It does not replace labelling each individual post.
• Unpaid posts are labelled as ads just in case. If everything is called advertising, the label loses its meaning.

What brands should check

As a brand, you share responsibility. If a partnership is not labelled correctly, it can affect you as well. That is why labelling belongs in your process:

• Brief: Put in writing how content will be labelled, for each platform and each format.
• Contract: Make the labelling obligation binding, including platform labels such as "Paid partnership".
• Approval: Check at every approval that the label is there, clearly visible and in the right place. That applies to every story slide individually.
• After go live: Look at the published posts. Captions sometimes change after approval.
• Gifting: When you send products, tell creators clearly whether you expect a post. If you do, treat it as a partnership.
• Ads via creator accounts: If you run ads through a creator's account, the ad itself must also be recognisable as advertising.

Your labelling checklist

1. Did I receive money, a product, a trip or any other benefit for this post?
2. Is "Werbung" or "Anzeige" right at the start, not only after the caption is cut off?
3. Is the label large enough, easy to read and not covered?
4. For stories, is every slide with the partnership labelled?
5. In videos, is there an overlay for as long as the product is the focus?
6. Have I switched on the platform label?
7. Are affiliate links and discount codes marked right next to them?
8. Have I labelled posts about my own brand if it is not clear that it belongs to me?
9. Have I labelled the content the way I agreed with the brand?

Frequently asked questions

Is Instagram's "Paid partnership" label enough?

The media authorities accept the prefix "bezahlte Werbepartnerschaft" as a label. Whether the platform label is sufficient in every view has not been fully settled. The safest approach is to use the label and also put "Werbung" or "Anzeige" at the start of the post.

Do I have to label gifted products?

Usually yes, if you show them in your content. Free products can count as something in return, and since 2022 it is presumed for posts about third party brands that something was received in return. So label posts with PR samples as advertising.

Do I have to label products I bought myself?

No, if you bought the product yourself, receive nothing in return and show it on your own initiative. The BGH confirmed this in 2021. Be careful if the post comes across as very promotional, for example with calls to buy or affiliate links.

How do I label affiliate links correctly?

Mark the link with an asterisk, for example, and explain right next to it that you earn a commission if someone buys through the link. For discount codes, put "Werbung" or "Anzeige" right next to the code.

Who is liable if the label is missing?

First and foremost the creator who publishes the post. Brands can also be held responsible if a partnership they commissioned is not labelled. That is why both sides should agree on labelling clearly in advance.

Ad labelling at LYN

At LYN, labelling is a fixed part of every campaign. Before the start, we agree with brands in writing how each piece of content will be labelled, and we check it at every approval. That way everyone knows from day one what applies, and our creators can focus on their content.

You can read how we run campaigns for brands on our influencer marketing for brands page. If you are a creator looking for management that takes care of topics like this for you, you will find everything under talent management.