On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation or other benefits – shall be excluded from labeling requirements. In the view of the BMJV such posts are intended solely to shape public opinion and are not made in the pursuit of commercial purposes (see the BMJV’s press release of February 13, 2020, available in German here).
To read more about how these proposed changes might affect the legal framework on labeling requirements, please click here.