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
When ad disclosure is missing, both the influencer and the brand can be liable. The creator is liable as the direct actor; the brand can be jointly liable as the client, e.g. via competition-law principal liability. Clear contracts distribute the risk but do not fully remove liability towards third parties.
Is the influencer or the brand liable?
In practice, both. The influencer is directly responsible as the post's author. The brand cannot simply look away: a party that commissions a collaboration and benefits from it can be jointly liable for the violations of the commissioned person under competition-law principles — even if the brand did not itself omit the label.
| Party | Basis of liability |
|---|---|
| Influencer / creator | Direct violation as author of the post |
| Brand / client | Joint liability as principal/beneficiary of the collaboration |
| Agency (if involved) | Possible co-responsibility depending on role and instruction |
Can a contract shift liability?
Contracts can govern responsibilities internally — who ensures disclosure and who indemnifies in case of damage. Towards third parties (competitors, associations, the media authority) the statutory liability remains. A contract distributes risk; it does not remove the duty.
How do both sides reduce risk?
- Brand: put binding disclosure requirements in the brief and contract.
- Creator: implement them and, when in doubt, add a clear label too.
- Both: document consideration, terms and approvals on a traceable record.
- Both: set responsibilities and indemnity clearly in the contract.
This is exactly where a cleanly documented collaboration flow helps: in Collavo, brief, sealed contract and negotiation ledger run on one record. Who owes the disclosure and what consideration flowed stays traceable — a solid basis, but explicitly not a guarantee of legal compliance.
Looking away is no protection
Brands cannot simply assume "the creator is solely responsible". Principal co-liability is recognised in competition law.
Status & disclaimer
As of June 2026. General orientation, not legal advice. Sources: UWG, Media State Treaty, Medienanstalten (incl. Medienanstalt NRW).
Frequently asked
- Is the brand liable if the influencer forgets the label?
- It can be jointly liable. As the client and beneficiary, competition-law co-liability is recognised — even without its own omission.
- Can a contract exclude liability towards third parties?
- No. Contracts govern the internal relationship; towards competitors, associations and the media authority, statutory liability remains.
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