Labeling ads: when you must write “Werbung” or “Anzeige”
If you show your own products or services on a clearly recognizable business account, you usually don’t have to label it as advertising. “Werbung” or “Anzeige” (German for “advertising” and “ad”) becomes mandatory as the first word as soon as a third party gives something in return.
Not legal advice
Legal status: October 13, 2026. This article explains general obligations under German law and is not legal advice. For your individual case, contact a lawyer, your Chamber of Commerce and Industry (IHK) or your Chamber of Crafts (Handwerkskammer). The sources are listed at the end.
Do I have to label my own products as advertising?
Usually not. If your business shows its own products or services on its own, clearly recognizable business account, the commercial purpose is obvious. That is what the guide on ad labeling in online media by the German state media authorities (Medienanstalten) says (as of May 2025).
The prerequisite is that the profile is recognizable as a business: company name, category and bio. Only if it isn’t clear that you are advertising your own business do you need a label here, too. The Higher Regional Court (OLG) of Hamburg saw it similarly on May 21, 2026 (15 U 99/24): a post promoting the poster’s own brand needed no label because the purpose was recognizable at first glance. The brand’s founder posted, the bio pointed to that, and the post was clearly promotional. This is a single case, as reported by the law firm RA Mauritz. The full text and finality of the ruling have not been verified.
A painting contractor that shows its new facade project on its business account labels nothing. Neither does a hairdresser who presents her own hair coloring on the salon profile. Purely informational tags without any agreement, for example of the photographer, the location or friends, need no label either. The state media authorities advise against just-in-case notes such as “unbezahlte Werbung” (“unpaid advertising”).
When must you write “Werbung” or “Anzeige”?
As soon as a third party gives you something in return or promises it. That can be money, but also products, trips or invitations to events, even without a written contract. Since May 28, 2022, anyone who acts in favor of someone else’s business acts commercially only if they receive, or are promised, payment or a similar consideration for it. The law presumes that they receive it (§ 5a (4) UWG, Germany’s Unfair Competition Act).
| Case | Label? | Note |
|---|---|---|
| Your own product or service on a clearly recognizable business account | Usually no | The profile must be recognizable as a business. |
| A manufacturer sends you tools, hair care or cleaning products, and you show them in a promotional way | Yes | Even without money: products count as consideration. |
| Agreed mutual promotion with a partner business | Yes | “Werbung” or “Anzeige” as the first word. |
| Collab post with a brand | Yes | Applies to collab posts on your own channel, too. |
| A third party’s discount code | Yes | “Werbung” or “Anzeige” right at the code. |
| A third party’s affiliate link | Yes | An asterisk (*) and an explanation right at the link. |
| Tagging the photographer, a location or friends without an agreement | No | Purely informational tags. |
| Employees post privately about their employer | Disclose the connection | For example “I work at …”. This is derived from § 5a (4) UWG, not a rule from the guide. |
Which rules are behind this?
Three sets of rules interlock. § 5a (4) UWG requires that the commercial purpose of a post be recognizable. § 6 DDG (the Digitale-Dienste-Gesetz, Germany’s Digital Services Act) requires that commercial communication be clearly recognizable as such. For online media, the Medienstaatsvertrag (Interstate Media Treaty) applies as well, supervised by the state media authorities (Landesmedienanstalten). On September 9, 2021, the Federal Court of Justice (BGH) ruled in its influencer decisions (I ZR 90/20, I ZR 125/20, I ZR 126/20): advertising must be recognizable at first glance. A mere tap tag is not automatically advertising, but an excessively promotional overall impression can be.
How do you label correctly?
- As the first word. “Werbung” or “Anzeige” stands at the start of the caption and is visible on all devices without scrolling or expanding.
- Easy to read. High contrast and not covered by interface elements.
- Every Story slide individually. A blanket note in the profile is not enough.
- Image without text. For image-only posts, a clearly visible note belongs in the image.
- Platform tools. They are enough on their own if they visibly show “Werbung”, “Anzeige” or “bezahlte Werbepartnerschaft” (paid advertising partnership). The safest option is the tool plus the word at the start of the text.
Not sufficient according to the guide: “ad”, “AZ”, “Advertorial”, “Infomercial”, “sponsored by” and “PR sample”.
For videos, Reels and Shorts
If the product plays the main role, display “Werbung” permanently. For a minor role, a note at the start such as “Unterstützt durch …” (supported by …) or “enthält Produktplatzierung” (contains product placement) is enough. According to the guide, you only have to label a product you received for free in a minor role if its value is above €100.
What applies if you hire influencers?
Settle the labeling in the contract and check the drafts before anything goes online. How far a commissioning business is also liable depends on the individual case. Treat it as a risk, not as settled.
Which mistakes happen most often?
- “#ad” or “#werbung” sits in the hashtag cloud at the end. According to the state media authorities, “ad” isn’t considered sufficient anyway.
- “Anzeige” appears only at the end of the caption. The Bavarian consumer advice center (Verbraucherzentrale Bayern) objected to this in 2025.
- “Leihgabe” (loan) or “PR-Sample” is used instead of “Werbung”.
- Free products stay unlabeled because no money changed hands.
- A blanket note in the bio (“Account contains advertising”) replaces the label on the post.
- Posts without a promotional character carry the label “unbezahlte Werbung” (“unpaid advertising”).
Labeling ads in companycore
companycore has its own switch for this only for TikTok. For the other channels, you write the word into the text yourself. App status: October 2026.
- TikTok. TikTok is being enabled step by step. When you schedule, you switch on Disclose commercial content and choose Your brand (TikTok shows “Promotional content”) or Branded content (TikTok shows “Paid partnership”). The app asks: “You need to indicate if your content promotes yourself, a third party, or both.” Branded content can’t be set to Only me, so it only works after TikTok’s approval. As long as TikTok has not yet granted approval for companycore, only Only me works when you publish. Also put “Werbung” or “Anzeige” at the start of the text: whether the TikTok label alone is enough depends on how it is displayed. For collaborations, write “Anzeige” at the start of the text until then.
- Instagram, Facebook, LinkedIn and YouTube. The app has no ad switch here. Write “Werbung” or “Anzeige” as the first word in the text. That also applies to collab posts with brands. In companycore, you can invite up to 3 Instagram accounts as collab partners.
- Stories. Stories go out of companycore without text (“Story: the text belongs in the image.”). So the note must be in the image. In the Visual Designer, you add it as a text layer with Add text.
- Videos. companycore doesn’t edit videos and doesn’t overlay anything. “Werbung” must already be in the video you upload.
- Standing instruction. Tell core in the Post Generator, for example: “remember: for collaborations, always put ‘Anzeige’ at the start”. core saves this in the core memory and takes it into account for new texts. Still read the text before you approve it.
How the TikTok mandatory fields look in detail is explained in Connect TikTok to companycore. The path through the editor is covered in Schedule a post.
Frequently asked questions
Is “#ad” enough?
No. According to the state media authorities’ guide, “ad” is not considered sufficient. Write “Werbung” or “Anzeige” as the first word of the caption.
Do I have to write “unpaid advertising”?
No. The state media authorities advise against such just-in-case notes. You label when consideration is involved.
Do I have to label a gift if nobody promised me anything for it?
As a rule, yes, as soon as you show the product in a promotional way. Any kind of benefit counts as consideration, even without a contract, and the law presumes it. Only for a minor role in a video does the guide name a threshold: products worth up to €100.
Is Instagram’s “Paid partnership” tool enough?
According to the state media authorities, platform tools are enough if they visibly show “Werbung”, “Anzeige” or “bezahlte Werbepartnerschaft”; some guides consider “Paid partnership” alone too weak. The safest option is the tool plus “Werbung” as the first word. companycore offers no switch for this on Instagram.
Does this also apply to texts that core wrote?
Yes. Whether you have to label depends on consideration and context, not on who wrote the text.
Sources
All sources were retrieved on October 13, 2026. Laws and authorities come first, reports after.
Laws, authorities, consumer protection
- § 5a UWG (in German) – statute text
- UWG, annex to § 3 (3) (in German) – statute text
- § 6 DDG (in German) – statute text
- Die Medienanstalten: guide on ad labeling in online media, as of May 2025 (in German)
- Die Medienanstalten: guide as PDF (in German)
- Verbraucherzentrale Bayern: market check on ad labeling and imprint details among influencers, as of October 2025 (in German)
- Verbraucherzentrale: influencer or not? When a social media post is advertising (in German)
Reports and law firm articles
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