Branded Content and Influencer Marketing

The legal requirements in the areas of branded content and influencer marketing are constantly changing. As a law firm focused on innovation and digitalization, we can navigate you safely through the jungle of regulations.

Creating Bulletproof Branded Content

We provide legal security for branded content, influencer marketing and social media. Do you have questions about an online marketing campaign you are working on? Would you like to set up a corporate influencer program? Feel free to contact us any time.

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The possibilities are endless when it comes to online marketing. Or at least they seem to be. But there are actually many legal restrictions that brands, influencers and agencies often aren’t aware of. Our specialized experts will advise you on the various legal aspects of online marketing.

Influencer Marketing

Today, many companies use influencers in their marketing campaigns. But what is legally allowed is often still disputed in court due to the lack of clear regulations. When do influencers have to label Instagram posts as advertising? Which wording is legally compliant? Does a social media account have to have an imprint? And which mistakes can corporate influencers easily avoid? Our experienced attorneys support influencers as well as advertising companies in the entire spectrum of influencer marketing.

  • Cooperation agreement with talents, influencers and agencies
  • Testimonial contracts
  • Legal advice on the introduction of corporate Influencer programs
  • Workshops and legal training of corporate influencers
  • Advice on labeling requirements

Social Media Campaigns

What is a company allowed to do on Facebook? What can I do on Instagram? And how does TikTok even work? We provide you with expert support for your campaigns on various social media platforms. We advise you on user-generated content (UGC) campaigns. And we create customized social media guidelines for your employees and your marketing department.

  • Checking online marketing campaigns
  • Establishing guidelines for user-generated content (UGC)
  • Workshops and training for legal and marketing departments
  • Creation of guidelines with dos and don'ts for social media campaigns 

Apps/Platforms/General Terms and Conditions

In order to use apps, online platforms and social networks in a legally compliant manner, companies need airtight general terms and conditions. Our attorneys, who are well-versed in social media and online marketing, will advise you on all legal issues and provide you with full support, for example, on German telemedia law, data protection and consumer protection as well as other local regulatory requirements (Interstate Broadcasting Treaty, protection of minors in the media, Platform-to-Business Regulation).

  • Preparation of general terms and conditions, data protection information and terms of use
  • Reviewing the business model with regard to regulatory requirements
  • Checking an app’s new products and features

Product Placement

While in the past product placement was more likely to raise eyebrows and accusations of covert advertising, today there are a lot more opportunities to integrate products into TV and online formats. However, the labeling requirements are very complex. Our law firm will advise you on all the possible legal issues when it comes to product placement so that you can confidently use this form of advertising in visual media like films, TV productions or video games while avoiding costly fines.

  • Checking productions for acceptable product placement
  • Preparation of cooperation agreements
  • Creation of product placement contracts

Sponsorship

Sponsorship has incredible advertising potential. But ensuring it follows the letter of the law is often still an art in itself. We will help you ensure your sponsorship contracts are legally secure. In addition, our lawyers specializing in sponsorship can advise you on all other questions relating to event law. For example, we can take over the drafting of the following contracts for you:

  • Agency contracts
  • Performance contracts
  • Concert contracts
  • Artist's contracts
  • Management contracts

Webserien

The web series format still holds a lot of untapped potential for advertising companies. Our attorneys will advise you on what to take into account when commissioning or producing a web series, how to structure contractual relationships with third parties and how to deal with product placement and advertising in your web series.

  • Drafting contracts with cast and crew
  • Setting up and structuring co-productions with partners
  • Setting up and structuring commissioned productions
  • Advice on product placement and labeling requirements
  • Rights clearance

Training Sessions and Webinars

Some topics are best explained live. That's why we offer you training on all legal and regulatory issues relating to branded content, influencer marketing and social media by experienced lawyers on site or as webinars.

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Contact Us

Lara GuyotMargret Knitter, Christina Kufer, Elisabeth Noltenius, Esther Noske, Stefan C. Schicker and Corinna Schneiderbauer are ready to answer any questions you may have about branded content, influencer marketing and social media. Feel free to contact us at any time.

Our Commitment in the Area of Branded Content

As a founding member of the Branded Content Marketing Association (BCMA), our law firm is committed to creating legally compliant content and supporting the establishment of legal standards in Germany, Austria and Switzerland. At the Branded Content Summit, the industry’s most important event, we participate in critical discussions on best practices, unique brand experiences, how to measure KPIs and all the relevant legal frameworks.