What happens if I don't label a promotional post?
First, expect cease-and-desist letters from competitors, trade associations and authorities, accompanied by their legal costs. If you repeatedly ignore the labelling requirement or sign a binding agreement to stop and then breach it, you face contractual penalties—one court confirmed €5,100 per breach as reasonable. The Unfair Competition Act additionally provides for fines of up to €500,000, although this maximum is rarely imposed in full in practice. One documented case saw an influencer pay €36,000 for repeated breaches.
This question is part of our article on "When Instagram Posts Count as Advertising: Labelling Requirements Under BGH Rulings". You'll find the full context and all related angles there.
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