Do German Corporate Influencers have to label their posts as advertising?

Corporate influencers are still THE trend topic in influencer marketing in Germany. More and more German companies are recognising the advantage of using employees as brand ambassadors. They complement classic corporate communication and help their employers reach the desired target group through their personality.

However, what about the labelling requirements of posts by corporate influencers in Germany? Do they have to be labelled with ADVERTISEMENT (in German WERBUNG or ANZEIGE) in the same way as classic influencers?

Posts by corporate influencers are also regularly business activities. Even before the amendment to the German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG), it was clear that corporate influencers must also identify their posts as advertising. It is important to note that corporate influencers act with the intention of promoting the company and receive something in return through their salary. Companies should also ensure that their employees comply with their duties; otherwise they could be liable themselves.

Unfortunately, it is still unclear how the labelling must take place. While for classic influencers a labelling with ADVERTISEMENT has become established in German case law, this is still completely unclear for corporate influencers in the absence of a ruling. In practice, different forms of labelling are therefore emerging. However, whether designations such as "Corporate Ambassador", "Social Media Manager" or wordings such as "my employer" will be deemed sufficient by the German courts is unfortunately still open. Until these uncertainties are resolved, it is therefore advisable to comply with the transparency requirement as much as possible.