Case Study 3 (EU / Germany): ASA‑Style Investigation & Unfair Commercial Practices

Client: Micro‑beauty influencer, 30k followers across Instagram and TikTok
Jurisdiction: Germany (subject to EU Unfair Commercial Practices Directive and German UWG)
Issue: Regulatory investigation for inadequate disclosure of sponsored posts

The Problem

The influencer had been tagging posts with #sponsored and #collab, but never used the word #ad or "Werbung" (German for advertising). A competitor reported her to the German competition authorities, alleging that her disclosures were not sufficiently clear or prominent.

Under EU consumer law, disclosures must be unambiguous and placed where they cannot be missed. The regulator opened an investigation, with potential fines of up to €50,000.

Our Approach

LegalLens first audited all of the influencer's past sponsored posts. We identified that while the relationship was disclosed, the placement (at the end of long captions) and wording (#sponsored) did not meet the stricter German interpretation of the Unfair Commercial Practices Directive.

We prepared a legal submission to the regulator, arguing that the influencer had acted without intent to deceive and had now corrected the practice. We also drafted a compliance checklist for future posts, requiring #ad (or Werbung) in the first three lines, plus a 3‑second visual disclosure for video content.

Outcome

The regulator issued a warning without a fine, conditional on the influencer implementing the compliance checklist. The influencer adopted the checklist for all future brand deals and also updated her contract templates to include specific disclosure wording. She now works with German and Austrian brands without further issues.

Key takeaway: Disclosure rules vary by EU member state. #sponsored is not always enough – always check local requirements.

Ready to Protect Your Next Influencer Campaign?

Every case is unique, but the patterns are predictable. LegalLens helps influencers and brands avoid the same pitfalls – through better contracts, smarter negotiation, and fast dispute resolution.

📩 Contact us at contact@legallens.co.uk for a free 15‑minute consultation. Fixed fees are always capped at 10% of contract value.

These case studies are based on real client work but have been anonymised and modified to protect confidentiality. They do not constitute legal advice and results vary depending on individual circumstances.