Note: legal review pending
This article explains the legal and tax situation to the best of our knowledge with sources — it is not legal or tax advice. For binding guidance, please consult a lawyer or tax advisor.
In short
The disclosure duty applies as soon as a post is influenced by consideration — money, free products, trips, discounts or commissions. The UWG (§5a) and the Media State Treaty govern. Without any consideration and for a genuine private opinion, the 2022 UWG reform means there is generally no duty — but the line stays delicate.
What matters legally?
The legal core is the commercial purpose. Under UWG §5a(4) it must be made recognisable where it is not directly apparent from the circumstances. The Media State Treaty additionally requires that advertising in telemedia is clearly recognisable as such and separated from other content. Both aim at the same thing: the audience must not be deceived about the advertising nature.
What role does consideration play?
Consideration is the practical trigger. Since the 2022 UWG reform: a recommendation made without payment or comparable consideration is not presumed to serve a third party's commercial purpose. But once any consideration flows, disclosure is required.
| Consideration | Disclosure required |
|---|---|
| Fee / cash payment | Yes |
| Free product / PR package | Yes |
| Paid trip / event invitation | Yes |
| Affiliate commission / discount-code share | Yes |
| Own products / own shop | Yes (self-promotion) |
| Self-bought, no arrangement, genuine enthusiasm | Generally no |
Does it apply to every platform and format?
Yes. The duty is format- and platform-neutral. It applies to feed posts, reels, stories, TikTok videos, YouTube clips, livestreams and even bio links, provided a commercial purpose exists. In videos and stories the disclosure must be visible or audible for the relevant duration.
What if I'm unsure?
When in doubt, disclose. A superfluous label is not actionable; a missing one is. Documenting collaborations cleanly — with a brief and a contract — makes it easier later to trace whether consideration existed and how it was structured.
Status & disclaimer
As of June 2026. General orientation, not legal advice. Sources: UWG §5a(4), Media State Treaty, Medienanstalten guide (incl. Medienanstalt NRW).
Frequently asked
- Must I disclose if I only received a free product?
- Yes. A free product is consideration. Once your mention is influenced by it, the disclosure duty applies.
- Does the duty also apply to TikTok and YouTube?
- Yes. It is platform-neutral and applies to any format with a commercial purpose.
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