In its “Influencer II” ruling, the Federal Court of Justice clarified in response to rejected claims by the VSW (“Association of Social Competition”) that the influencer only has to provide an advertising label for their post if they receive a consideration from the company in question. The press release states:

In the press release states:

“(…) With regard to commercial acts in favor of third-party companies, the assumption of a violation of Section 5a para. 6 UWG is ruled out because the defendant did not receive any consideration for the contested contributions and these contributions therefore satisfy the overriding special provisions of Section 6 para. 1 no. 1 TMG, Section 58 para. 1 sentence 1 RStV and Section 22 para. 1 sentence 1 MStV (see the above comments on proceedings I ZR 125/20). Accordingly, there is also no violation of No. 11 of the Annex to Section 3 (3) UWG. “

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