Disclosing advertising on Instagram and TikTok: the rules

Disclosure is the most frequently underestimated obligation because it arises so early. Not above a particular amount or reach, but whenever compensation is provided. The first free product is enough. This article organises the rules, wording and mistakes that can prove costly.

A qualification first: this is a practical overview with linked sources, not legal advice. When uncertain or facing unusual circumstances, seek advice from a lawyer.

The short answer

• Disclose, whenever you receive compensation for a post. Money, products, travel, discount codes and affiliate commissions all count.
• Use the German terms “Werbung” or “Anzeige”. Foreign-language notices such as “#ad” or “sponsored” alone are insufficient for German-language channels.
• Put them first, clearly visible, not at the end of a string of hashtags or behind “show more”.
• Do not rely solely on the platform toggle. It is useful, but does not remove your responsibility.

The basis of the obligation

Three sets of rules apply alongside each other and fundamentally mean the same thing. Under section 5a(4) UWG, failing to disclose a commercial purpose is unfair conduct. Under section 22 MStV, advertising must be easily recognisable as such and separate from other content. Under section 6 DDG, commercial communication must be clearly recognisable as such.

For practical purposes, the media authorities' guide matters more than the statutory provisions. It is updated annually and contains a disclosure matrix indicating whether, how and where disclosure is required in individual cases. If you read only one source, read that one.

When disclosure is required

The underlying rule of thumb: what matters is not how much you received, but whether viewers could recognise the commercial nature without a notice. If you are asking the question, the answer is usually already yes.

What is sufficient and what is not

Where disclosure must appear

The notice belongs at the beginning or in a prominent position and must be visible without additional action. In practice:

1. In the video itself. For short videos, an on-screen disclosure in the first seconds is safest, clearly legible and displayed long enough.
2. At the very start of the description. Not behind “show more” or after twenty hashtags.
3. On every individual story image. Labelling only the first image misses everyone who joins later.
4. Also verbally, where appropriate. A short spoken notice never hurts and helps when text is obscured.

Platform toggles replace nothing

Instagram provides a paid-partnership notice and TikTok a branded-content toggle. Both are useful, sometimes required by the platforms themselves, and should be enabled. They do not replace your own disclosure.

The reason is simple: the platform determines its notice's placement, language and visibility and can change them at any time. You remain legally responsible for making the commercial purpose recognisable. contentmarkt expressly provides for this: technical product requirements do not release you from your own responsibility in individual cases.

Checklist before posting

1. 1. Was compensation provided?Money, a product, travel, a discount code, affiliate commission or borrowed equipment. If yes, disclose.
2. 2. Does it say “Werbung” or “Anzeige”?In German, written in full, not abbreviated or translated.
3. 3. Is it immediately visible?Without tapping, expanding or reading to the end.
4. 4. Does it cover every part?Every story, slide and post in the series.
5. 5. Is the platform toggle also enabled?In addition, not instead.
6. 6. Does it remain visible after editing?Cropping, subtitles and stickers obscure overlays surprisingly often.

What happens if it is missing

The most common outcome is a warning from competitors or associations, accompanied by a cease-and-desist declaration and costs. Measures by the regional media authorities may follow. Both affect you personally, not just the brand.

That is why relying on a brief that says nothing about disclosure is unwise. If a campaign leaves the question open, ask beforehand. It is one of seven points to clarify before every collaboration.

The available income streams are covered in Earning money with social media: 7 approaches and what they really pay. If you are just starting, the introduction to becoming a UGC Creator helps.