Legal foundations in Instagram marketing

When using Instagram in marketing, there are different legal aspects that you need to consider. It is crucial to deal with issues such as image rights, covert advertising, and data protection in order to avoid legal problems. In this guide, you will learn the necessary steps to legally secure your posts.

Main Takeaways

• Advertisements must be clearly labeled.
• Disclaimers are essential, especially for contests.
• Data protection policies must be followed.
• Impressum and contact information are important.

Step-by-Step Guide

Step 1: Clearly Label Advertising as Advertising

Whether you are advertising for a company or your own product, it is of utmost importance that you label your posts accordingly. Always start with the word "Advertising" in the description. You can implement this with a simple sentence where you clearly state at the beginning of the description that it is advertising.

You can also place a small asterisk in the image itself, for example in the upper left corner, indicating that it is advertising. Note that this is not mandatory, but it does increase visibility. Instagram also offers the option to indicate a paid partnership, which is the safest method.

Step 2: Disclaimer for Contests

If you are organizing contests, you must clearly state that Instagram is not associated with the contest. It is important to inform viewers that the company whose product you are giving away has not been informed and is not responsible for the contest.

Furthermore, information about the duration and participation requirements should be clearly and concretely stated, e.g. "The contest runs from July 28th to July 30th."

Also, inform participants about what they need to do to participate and indicate that certain terms and conditions apply, such as the minimum age.

Step 3: Data Protection

When handling participant data, especially in contests, you should be transparent. Inform participants that their data will only be used for shipping the prize and will be deleted afterwards. This must be clearly mentioned in the disclaimer to avoid any potential legal problems.

Step 4: Respect Image Rights and Copyright

Before using images, logos, or graphics, make sure you have the rights to do so. Unauthorized use of brand logos, such as the McDonald's logo, can have legal consequences. It is advisable to note in the text that the image used is not in collaboration with that brand.

Likewise, if you mention third parties, you should clearly declare this as advertising.

Step 5: Add an Impressum

An impressum is essential for your Instagram presence. Depending on your location, ensure that it contains all relevant information, such as your address, contact details, and possibly your VAT ID.

It must be reachable within two clicks. You can use platforms like Linktree to quickly find the impressum.

Summary

In this guide, you have learned the most important legal aspects for Instagram marketing. Always be aware of the importance of a clear disclaimer, marking advertisements, and complying with data protection policies to legally protect your marketing efforts.