Jurisdiction(s):
United Kingdom

Key definition

Social media definition

What does Social media mean? In legal practice, social media describes internet-based services that allow users to create, publish, share and interact with content and with each other, often in real time and at scale (for example, social networks, microblogs, forums, blogs, messaging services with group/public features, and video-sharing platforms), as opposed to one-way broadcast media. The term is descriptive rather than a defined statutory term. Regulation is framed through related concepts, including in the UK the Online Safety Act 2023 (covering user-to-user and search services) and the video-sharing platform regime under the Communications Act 2003 (as amended), and in Ireland the Online Safety and Media...

German influencer marketing law: disclosure and labelling duties, unfair competition (UWG), sanctions, copyright and key contract clauses

Published by a LexisNexis TMT expert

Practice notes

This Practice Note addresses influencer marketing in Germany. It is written for Social media talent (influencers) and for brand owners running Advertising campaigns. It concentrates on labelling and disclosure obligations, the Sanctions that may follow, and the way disclosure is regulated. It also looks at whether copyright subsists in sponsored material and highlights key clauses typically found in the relevant agreements.

The nature of social media influencers

Influencer marketing is a prevalent advertising method in which businesses engage an individual—the influencer—to endorse their products (Higher District Court of Hamburg GRUR-RS 2020, 18139, para. 55; Zurth/Pless, ZUM 2019, 414 (414 et seq.)). Influencers are attractive contractual and promotional partners because they may have amassed either a very large audience delivering wide reach (so‑called celebrity influencers) or a smaller, homogeneous community focused on a shared topic (so‑called micro‑influencers) (cf. Draheim/Mittelstädt—HL Engage Influencer Snapshot, see Ins and outs of celebrity influencers). In the latter scenario, the influencer frequently acts as an authority on the subject (see also Lettmann, GRUR 2018, 1206 (1211)). The appeal of influencer marketing is evident. Many influencers also use their social media profiles for private postings...

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Yvonne Draheim

Hogan Lovells International LLP

Yvonne Draheim started her career at Hogan Lovells in 1999 and has focused on IP law, in particular trademarks, designs, unfair competition, copyright and domain names, ever since. She has assisted clients from various industry sectors including media, entertainment, food and beverages, energy, automotive, and agriculture. She has developed her practice to cover almost every type of contentious and advisory IP work in Germany, Europe and the US. As a result, Yvonne's clients benefit from her many years of experience in litigation and the underlying national and international portfolio management, including strategic advice, representation in opposition proceedings as well as negotiating and drafting of out-of-court settlement agreements. Currently, she is one of the lead attorneys in global cross-border infringement proceedings regarding name rights acting on behalf of Merck & Co., Inc. Yvonne also appreciates the more academic side of IP Law. She teaches...

Dr. Sabrina Mittelstädt

Hogan Lovells

Sabrina Mittelstädt started working as an attorney for Hogan Lovells in 2017. She advises leading national and international companies from various industry sectors such as fashion, media, consumer goods and energy, focusing on trademark, design and unfair competition law as well as on domain names. She supports her clients in enforcing and defending their rights in opposition and infringement proceedings, as well as on drafting and negotiating contracts. She has particular expertise and experience in the field of portfolio management for national and international clients, including trademark surveillance and border seizure applications. For some time now, Sabrina has been focused on newer forms of advertising, especially in the area of online advertising, and has thus made herself an expert in the area of influencer marketing. In this context, she has published numerous contributions and articles.Besides her legal work, Sabrina supports Hogan Lovell's...

Web page updated on 21/05/2026

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