How do I advertise my fashion blogs
Label advertising correctly is a much discussed topic in the world of bloggers and influencers. This blogger tips post is intended to shed light on the darkness, because I also find it sometimes really worrying how carelessly this topic is dealt with. Recently, lawyer Dr. Thomas Flip a Facebook live chat legal matters in the context of blogger and influencer marketing to clarify. Since I find this information very interesting and worth knowing and there is still far too little to read about this important topic, I have decided to process this and my findings in a Blogger Tips post.
Incidentally, here you can get the live chat recording and there is a whitepaper with the risks of surreptitious advertising with regard to Facebook and Instagram. But first I would like to state that I am not an expert and in case of doubt or uncertainty you should always consult a lawyer.
Label advertising correctly
Labeling advertising correctly is not difficult and it does not hurt anyone. If you want to earn money with your channels, you have to label it and make it visible to others that this is about paid postings or product sponsorship. This means that posts appear neither inauthentic nor extremely promotional, as long as you stand behind the products / services you are promoting and implement the cooperation in line with the blog. And that's what I assume!The article serves as a guide and reference point on my part, but I'm not an expert in it. If you have a different opinion on certain points or want to correct the article, please write to me. I assume no liability for the correctness of this content.
This is how you label advertising correctly - the hard facts
- A Marking is necessarywhen you get money, products and services, or contractual information about the content of the post, or actively advertise and highlight a product.
- Clear identification of advertising by means of advertising, display or Advertisement. The advertising notice must correspond to the text. So if the text is in English, you have to go with it Advertisement mark.
- Inadmissible markings are Ad, Powered By, Thanks to XY, In cooperation with XY, In partnership with XY;
- Identification gray area: Sponsored by, sponsored by - here you don't yet know whether this is sufficient labeling.
- Marked is always clearly visible at the beginning of the respective contribution. The reader / user must know immediately that it is advertising and one cannot assume that the article will always be read through to the end. Also at Instagram and Facebook should be on Beginning of the post and not be flagged in the middle of the hashtag cloud.
- Instagram Stories / Snapchat: If everything is posted at once and coherently, a label in the first story is sufficient. (e.g .: continuous advertising) If there is a longer interval (approx. 1 hour), each individual story should contain an advertising label.
- Where do you have to mark in blog posts? The advertising notice must already be visible in the blog post excerpt / in the preview (e.g. in the thumbnail overview on the start page of the blog or in the title). If I also share this post on Facebook, for example, it must also be marked there as an advertisement or advertisement.
- Branded Content Tool on Facebook and Instagram: If I share an advertising post on my social media channels, I have to mark it with the help of the Brandend Content Tool in order to also comply with the legal obligations of the platform. Note: However, the branded content tool does not replace the advertising labeling of the post. These are purely labels in the sense of the platform.
- Product placement or advertising? For a product made available with a value of less than 1,000 euros (Orientation towards TV values, as there are still no regulations for online media) the note "product placement" or "product placement" is sufficient. Otherwise it must be marked with "advertising". If a product is explicitly advertised, the focus of the article and its advantages emphasized, then it is advertising and no longer product placement. For example: I'll tell you about my day while having an XY drink. = Product placement. I tell you about my day, drink the drink from brand XY and pay special attention to this drink, emphasize its good taste etc. = advertising.
- The law of the country in which the target group is addressed applies. The principle of labeling advertising therefore appliestransnational, there are only differences in handling. So if the readers are mainly from Germany, Austria and Switzerland, then the rights of all countries must also be observed. That means I mark one of the countries from where my readers consume my content according to the highest requirements / regulations. In this case, you could also receive a warning from Germany as an Austrian.
- It doesn't matter if you money, a product or one travel get - you get one economic donation and you have to clearly mark. (Examples from the live chat with lawyer Dr. Thomas Schwenke: "You get X euros if you write 5 posts for us." Or "You will be invited on a trip if you write articles for us."
- Who can be warned? Agencies, influencers and companies can equally be warned.
- Possible risks of non-labeling? Letter from a lawyer, warning, contractual penalty in the event of violation of further, inadequate labeling = obligation to cease and desist, high legal fees, possible court costs, fines, possible damage to image;
Labeling Advertising Correctly - Blogger Examples
I have mine nowtypical blogger collaborations taken as an example and based on this I would like to give you the Labeling requirement explain in more detail in a clear form.
I get a product or a sample as a gift and report about it voluntarily.
You get a product sent without being asked and briefly reports on how you like it or what it is at all, then it is in the nature of the matter and you can do without labeling.
However, I am promoting the product explicitly in the hope that this company will send me more products, then there must be a label. For example, the following sentence is sufficient here: "I received this product from company XY free of charge."
After a cooperation has been concluded, I will continue to receive free samples.
After a cooperation that has already been concluded, where everything has been legally labeled, you will continue to receive products free of charge. In this case one should point out that one get the products for free Has.
I have received products and am paid to show them off. I will continue to wear these (e.g. clothing) in my free time after the cooperation has ended.
During the paid cooperation you have to go with it advertising or display mark. If after completion of the cooperation the product continues to present / advertise on posts and emphasize its advantages, but without being paid for it, then it is advertising labeling is necessary. (Advertising, advertisement, I received these products during a cooperation.)
I have received a product and receive money or something else in return for my postings.
I have agreed with the company that they will send me a product and in return I will report on it (free of charge / for a fee). The company is influencing my content because a post has been agreed - one Marking must be present be!
I borrow products, report on them and send them back.
When I borrow products and send them back after production or a test report, I advertise them and have to an advertising notice to be available. If the product is not the focus and is not advertised, no labeling is required. However, if it is placed in a presence and you report on it, you can do it with "I received the product free of charge.“Mark.
I buy the product myself and report about it.
If I buy a product yourselfdoes not have to be marked. But if you start actively promoting the product (possibly also in the hope of a cooperation), then I will advertise the product in favor of company XY. In theory, this could be warned without labeling. Nevertheless, the predominant thought here is that you have purchased the product yourself and report on the advantages or disadvantages of your own accord. However, if you set one Affiliate link to this productthis must be clearly marked. On Instagram you can currently see the phrase "Advertisement because of branding" very often, which is also a way of labeling.
The post contains affiliate links.
If a post contains an affiliate link, it must be pointed out. You should also always explain what an affiliate link is. For example: "I get a commission when you buy a product through this link". Because one cannot assume that everyone knows what "affiliate" means. Alternatively, the word "advertising link" could be used. But I would rather use the description just mentioned. Here is also recommended again a label at the beginning of the post.
I am involved in the sale of a product through affiliate links.
If I set an affiliate link and receive a commission from it in the event of a purchase, then this must also be marked as described above. If I advertise company XY at the same time after consultation, this must also be marked and appear from the post.
I use banners or other advertising material on my blog.
Banners, affiliate sliders and Co. also represent advertising and must be marked as such.
I am putting a paid link on my blog.
If you add a paid link to an external page in a post, the post must marked as advertising become.
I'm invited to an event or a trip, I'm supposed to report about it, but don't get any money for it.
It depends on how much you advertise the hotel or the trip. With a designation as advertising or display you are on the safe side here. At the beginning of the article you can also "I was invited to this trip for free."Or"Thank you XY for this trip made available free of charge.“It has to be clear that you didn't pay anything for this trip. Insufficient labeling would be, for example, "Thank you XY for this trip."
If one only describes the experiences of the trip and does not explicitly advertise the hotel or the tour operator, then it is one Product placement. If this value is less than 1,000 euros, the note "Product placement" is sufficient. To be on the safe side, you can also start the post with "I was invited to this trip for free.“Mark.
Is one as a guest at an event and indicates there different companies of the event, it should be mentioned that one invited to the event for free has been.
I'm running a competition on my channels.
If I get money for writing a contribution and giving away something, I have to marked as advertisement or advertisement become. The competition must also be marked if I have received specifications for the presentation of the product or if the content is given to me. If the product is actively advertised, it must also be labeled. If the product is made available for a raffle without any conditions, no labeling is required.
There is no black or white on this subject, there is still a lot of gray. Much can be interpreted differently by the most varied of people, in case of doubt a legal person decides whether it is unmarked advertising. We are all constantly learning and one can only hope that there will soon be very official and valid references for individual channels and countries. I, too, am still in the process of carefully revising old posts. Because even contributions from the past are not “safe from warnings”.My advice:It is better to label too much than too little, because otherwise it can be really damn expensive. I hope this article is helpful to you and I look forward to your feedback!
Photo credits: All photos via Unsplash.
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