Instagram, Facebook, Youtube – the curtain rises and gives insight into a person's private life. At the same time, this person promotes certain products and services as if by chance. Anyone who operates this online marketing as a brand ambassador is an influencer. Compliance also plays a role here.
Influencer marketing describes business relationships for the purpose of brand communication between companies and influencers. Through well-used influencers campaigns, companies can effectively advertise.
Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M.
Cooperation agreement
The focal point of influencer marketing is the cooperation agreement between the company and the influencer. The relationship between these two parties is governed by it. However, some agreements in a cooperation agreement can be risky.
Covering or advertising marking
What sounds so simple can become tricky, for example when it comes to labelling advertising. Labelling must be legally correct. The topic of advertising labelling of Infuencer contributions has become particularly prominent, through various judicial proceedings at the Federal Court of Justice. The Verband Sozialer Competition e.V. is increasingly taking action against influencers if they do not comply with the advertising rights.
In the contract between influencer and company, the point concerning the labelling of advertising is particularly important. Experience has shown that some companies tend to try to regulate in the contract that the influencer does not identify the contributions as advertising. The advertising is supposed to be more credible by the non-labelling. The article should therefore look as if it were no advertising at all. The advertising is veiled.
However, advertising that is not labelled as advertising can be admonished because it is anti-competitive. If such agreements exist in a contract, the contract is not valid. Codes of conduct or criminal agreements in a contract invalidate the contract.
Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M.
Compliance
Also the subject of compliance should necessarily be fixed by the parties in a contract. Compliance means compliance with or compliance with regulations and requirements. This includes being able to meet labour and social standards through fair wages and work conditions or bribery as well as to avoid bribery. This is Value system as an orientation necessary to be created specifically for an enterprise. The mission statement is called Code of Conduct. In it, the internal values and norms of a company are formulated.
Because compliance is becoming more important for companies, they should also involve their influencers and continue to act in accordance with values and laws. The point of compliance is therefore absolutely part of the cooperation agreement.
Description of performance
In order to avoid a dispute over the fee and benefits, the parties should define the respective services in a tangible way. If this precise description of the service is missing, it is difficult to obtain a proof later. However, proof of what the influencer owes is required in case of dispute. We therefore recommend that the performance be defined as explicitly as possible. But for the company as well, the corresponding services should be defined in relation to the influencer.