In its judgment of 19 May 2022 (docket no. 6 U 56/21), the Frankfurt Court of Appeals held that the promotion of e-books received free of charge by an influencer on Instagram with a link to the company via tap tags must be labelled as advertising.
Conclusion: The judges had to deal with a case that took place before the new section 5a(4) of the German Act against Unfair Commercial Practices entered into effect on 28 May 2022. But also under the new legal framework, a commercial purpose of a post on social media, which triggers the labelling requirement, does not only exist where influencers receive monetary compensation. In addition, influencers who are promised a "similar consideration" are required to label their posts accordingly.
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