How many followers does my account need before it's automatically considered commercial?

There is no fixed number, and that is precisely what makes things uncomfortable for many creators. The Federal Court of Justice deliberately set no follower threshold in its 2021 rulings, instead focusing on the overall circumstances of the account. In the cases concerning Cathy Hummels and Leonie Hanne, with 666,000 and 1.7 million followers respectively, the judges considered the commercial character so obvious that it needed no further labelling. For smaller accounts with a few thousand followers, your bio, profile style and frequency of partnerships matter more. If you regularly receive or promote products, do not rely on a supposedly safe follower count.

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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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