"Anzeige" or not? Labeling ads correctly as a creator
Hardly any topic produces more warning letters in a creator's daily life than missing ad labels — and hardly any is as well settled since the Federal Court of Justice rulings. The rules in plain language.
The principle
Commercial communication must be recognizable as such — that, in essence, is what German competition law (§5a UWG) and the Interstate Media Treaty (Medienstaatsvertrag) say. Translated: if you receive something in return for a post, your followers must be able to tell at first glance — not only after tapping "show more".
The three cases
- Paid collaboration: always label. "Werbung" (advertising) or "Anzeige" (ad) at the start of the post, or permanently visible in the video or story — not hidden in a hashtag cloud, and not just an English "#ad" at the end.
- Product received (barter): that is consideration too — label it. The fact that no money changed hands changes nothing (and for tax purposes, by the way, also nothing).
- Bought it yourself, showing it out of conviction: the 2021 rulings of the BGH (Federal Court of Justice) brought relief here — without consideration, a post is not automatically advertising. You only need to label once the post has "excessive promotional character": say, tap tags leading straight to the manufacturer's shop with no editorial reason.
This guide explains the legal situation in general terms and to the best of our knowledge. What applies in your specific case is for a tax advisor, a lawyer, or the competent authority to determine — and we tell you in the app when that moment has probably come.
Are the platform tools enough?
"Paid partnership with …" is a good start and often contractually required anyway — but do not rely on it alone. The state media authorities judge the overall impression; the platform label plus a clear "Werbung" is the safe combination. A blanket "Dauerwerbung" (permanent advertising) in your bio does not cover every individual post.
What happens if you get it wrong
Warning letters come from competitors and associations (with a bill and a cease-and-desist declaration), fines from the state media authorities. Both are more expensive and more annoying than the word "Anzeige". Our advice: when in doubt, label — it has never cost anyone reach.
Practical: settle it in the contract
Professional brands want the labeling, because they are liable too. Put in the collaboration contract how the post will be labeled (wording, placement, platform tool) — our template has the clause built in.
Contracts that settle ad labeling.
Our collaboration-contract template pins down how content is labeled — before there is a dispute.