#unfaircompetition – limitations to influencer marketing under German law

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company using an influencer to post advertising on Instagram may be liable for failing to clearly indicate the underlying commercial purpose even though the post contained the hashtag “#ad” (Higher Regional Court of Celle, ref. no. 13 U 53/17).

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