Anyone who links tags embedded in their Instagram post to brand manufacturer pages is acting commercially within the meaning of competition law. By doing so, the operator of the account is promoting the advertised companies as well as their own company that aims to generate advertising revenue. The operator must therefore label the account as advertising. The advertising character is not obvious to all – often young, sometimes childlike – users. This is all the more true as it is the business model of influencers to mix (seemingly) private posts with commercial posts(LG Karlsruhe, judgment of 21.03.2019 – 13 O 38/18 KfH).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.