While the Munich Courts have been more liberal over the issue of influencers and their social media advertising, the Berlin Courts have taken a more conservative approach. In a recent case against a German influencer, the Court held that she was required to tag all her posts as advertisements, whether they were sponsored or not, as it was her job to influence the business decisions of consumers and this therefore required full disclosure. The decision has created significant debate amongst German influencers and marketing companies due to this inconsistent case law and the freedom to choose the court of Berlin for a dispute, regardless of where that influencer and their business is based.
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