Advertising Disclosure: Who Qualifies and What You Get
Understand the rules for marking sponsored content to ensure compliance with unfair competition laws while streaming in Germany.
This scheme establishes the rules for how content creators must label promotional material to ensure viewers can distinguish between organic content and paid advertisements.
Who it's for
This requirement specifically applies to streamers and content creators who produce sponsored content. If you are using your platform to promote a brand, a product, or a service, you fall under these regulations. It is designed to protect the audience by ensuring they are aware when a creator has a commercial interest in what they are showing or discussing.
What you get
By following these disclosure rules, you achieve compliance with unfair competition laws. This helps ensure your streaming business operates within the legal framework of the German media environment. Staying compliant helps prevent legal challenges regarding deceptive business practices and helps maintain a transparent relationship with your audience regarding what is genuine content and what is a paid promotion.
What it costs you
The "cost" of following these rules is the requirement to clearly label your content. You must explicitly state "Werbung" (advertising) or "Anzeige" (advertisement) in a way that is easily identifiable to your viewers. This labeling must be clear enough that an ordinary person watching your stream can immediately recognize that commercial content is being presented.
The catch to know
The most important thing to remember is that the definition of advertising is broader than just receiving a direct payment. Even if you are not being paid a fee, a product placement can be considered advertising if it is not marked correctly. If you are receiving free products or other benefits in exchange for showing them, this can be viewed as a commercial interest that requires disclosure to avoid being considered deceptive.
How to apply
- Identify all elements of your stream that involve a commercial interest, such as sponsored segments or gifted items.
- Apply the correct labels, such as "Werbung" or "Anzeige," to these specific segments.
- Ensure that these labels are clearly visible and not hidden by other on-screen elements or small text.
- Review your content regularly to ensure that even unpaid product placements are properly identified to maintain compliance.