Cologne Regional Court Tightens Requirements for Advertising Disclosures in Social Media Grids

The Cologne Regional Court (Judgment of May 12, 2026 – 88 O 1/26) ruled against an event and cultural recommendation account for insufficient advertising disclosure on a social media platform. The court objected to video posts that were labeled as “Advertisement” in the caption but whose preview images in the profile grid - the post overview, i.e., the visual arrangement of all posts in a multi-column layout displayed when accessing a profile - contained no indication that they were advertisements. Users viewing the tile overview could not distinguish between promotional and editorial content.

The event and cultural recommendation account argued, among other things, that most users consume content through the feed or reels, that the grid itself was therefore not subject to disclosure requirements, and that the business profile already made the commercial nature of the account sufficiently apparent. The court rejected these arguments.

Thumbnail in the Grid as an Independent Commercial Practice

According to the Cologne Regional Court, the content constituted commercial communication because the account promoted third parties (including a cinema operator and a spirits manufacturer) and failed to substantiate that it had received no consideration in return. Consequently, the presumption under Section 5a(4) of the German Unfair Competition Act (UWG) applied.

A key aspect of the decision is the classification of the preview image in the grid: the thumbnail represents the post or reel and is itself part of the commercial practice. Therefore, the commercial purpose must already be disclosed at that stage; a disclosure solely in the caption of the post or video comes too late. Neither the use of a business profile nor the general expectation that media offerings are financed through advertising (which the court ultimately questioned) was sufficient, in the court’s view, to make the advertising character “immediately apparent from the circumstances.”

As a result, promotional content must be labeled in such a way that its advertising nature is clearly and unambiguously recognizable “at first glance” within the grid. The court considered labeling the thumbnail itself both possible and reasonable. In addition, other legal provisions (including Section 6 DDG and Section 22 MStV) impose transparency obligations that lead to the same outcome. Notably, in an earlier decision, the German Federal Court of Justice (BGH) had assumed that Section 22 MStV took precedence.

Conclusion and Outlook: More Disclosure, More Pressure on Platforms and Creators

If the Cologne Regional Court’s decision gains broader acceptance, it could significantly change social media advertising practices:

• Advertising disclosures in grids: Creators and recommendation accounts will need to adapt their disclosure practices. Promotional posts will likely have to be designed so that their advertising nature is clearly identifiable as advertising already on overview and search pages—particularly within the profile grid. A disclosure only in the caption or after opening the post will generally no longer be sufficient.
• Platform obligations under Article 26 DSA: Social media platforms face stricter requirements regarding their disclosure tools. Article 26 of the Digital Services Act (DSA) requires commercial communication to be clear, unambiguous, and identifiable by users in real time. These requirements are likely to increasingly extend to grids, feeds, and search views.
• Potential wave of warning letters: A new wave of cease-and-desist letters directed at creators and brands cannot be ruled out—similar to the influencer cease-and-desist letter wave seen several years ago, but this time focusing on thumbnails, grids, and overview pages.

Creators should therefore review and, where necessary, promptly adjust their profiles, thumbnails, and disclosure practices. Social media platforms would be well advised to critically reassess their implementation of Article 26 DSA and strengthen their disclosure functionalities accordingly.