"To disclose or not to disclose… that is the question!"

19 July 2021

Over the last years, the business of influencer marketing has practically exploded. Companies have begun to realise the multiplying factor of having influencers promote their brand through original and entertaining content. However, in combination with this marketing trend, several legal issues have come to the forefront. Is a post for which a brand sponsored the creator an ad? How should content creators label their posts so that their followers immediately recognise the content's commercial purpose? Several jurisdictions are currently dealing with such questions, and by far, not all have found the right approach so far. Following, you will find an analysis of how three major European jurisdictions, Germany, the Netherlands, and the United Kingdom, are currently dealing with these issues and whether the approaches are in touch with the requirements of the social media reality.