• The Federal Court of Justice of Germany has set the rules of the game for Instagram influencers
  • Influencer marketing is one of the most used by brands, since it does not require a greater investment to have good results
  • For a few years, social networks such as Instagram, Facebook and more recently TikTok have positioned themselves as authentic showcases for brands

The Federal Court of Justice of Germany has set the rules of the game for Instagram influencers and their commercial content.

The arrival of social networks definitely changed the way we interact with the world around us every day. More than just chat sites, they are currently very powerful tools with multiple functions.

One of the most prominent has to do with marketing, advertising and sales. For a few years, social networks such as Instagram, Facebook and more recently TikTok have positioned themselves as authentic showcases for brands.

This has happened thanks to the enormous reach that each one of them has to reach thousands or millions of users and potential consumers and because, in short, digital media have facilitated practically everything for advertising campaigns.

What influencers can and cannot do in Germany

Given this, the growth of content creators or influencers who work with different brands has also experienced significant growth and the use of them for marketing strategies is one of the main resources for companies.

However, in some countries -Mexico included-, there is no regulation for digital advertising, which, both brands and influencers themselves, have taken advantage of this bias to generate higher income without stopping to think about the transparency of their content and, above all, how audiences receive it.

Now, in the case of other countries, such as Germany, measures are being taken in order to carry out regulations regarding influencer marketing that is growing so much in that country and in various regions of the world.

A high court in the German court has said that while influencers can post recommending products to their followers without the need for them to be marked as advertising, there must be limits.

This means that those publications that are “excessively promotional” or in which the influencer receives something in return, to be labeled as advertising.

On the other hand, the creators have the permission to refer and recommend all kinds of products in their images without the need to use an advertising label. Likewise, they can make use of the “tap tags” (which are links placed on the images) that direct to the social networks of the companies. On the other hand, these “tap tags” will not be able to take the user to the official website of the company or brand.

Unfair competition?

Given the boom that these practices are registering, on many occasions, since there is no specific regulation for these cases, there is a framework of unfair competition, which is what they seek to attack with these actions.

Being relatively new, influencer marketing is one of the most used by brands, since it does not require a greater investment to have good results.

Instagram has about 700 million users worldwide and is one of the platforms that most practices influencer marketing, because, in reality, these do not usually charge the same as other great celebrities, but they can have a great reach depending on of the number of followers they have.

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