Consumer ISG - Holiday Guide 2021 - Flipbook - Page 5
The Hogan Lovells Holiday Guide 2021
How to make sure your
influencer delivers for the
holiday season
Ewa Kacperek and Aleksandra Kuc-Makulska , Warsaw
If you want to make sure that your brand benefits
from influencer marketing this holiday season, it is
now time to start planning your campaigns. Influencer
marketing can be tricky – although we have a great
number of influencers, the legal frameworks of many
countries do not yet clearly acknowledge the existence
of influencer marketing. The situation is changing right
now, with courts and regulatory authorities in a number
of jurisdictions taking action or undertaking reviews
or investigations, and this is expected to continue.
3. Remember that all influencers’ advertising posts
need to be tagged as advertising in order to be
legally compliant. Post that are marked only with
#ad or #cooperation are likely not to be understood
by internet users and are likely to be found to be
illegal. It is therefore important to make sure that
an influencer contract requires the influencer to
tag their advertising posts correctly. Otherwise, as
a sponsor, you may also be found liable for unfair
market practice or an act of unfair competition;
Here are some tips on what to include in your contract
with influencers to make sure your advertising campaign
for the holiday season is legal and that your influencer
stays on track and delivers the right message.
4. If your products are not intended for minors, like
alcohol, you need to make sure that advertising is
directed to adults only by requiring your influencer to
use age-gates for the branded content. Be careful to
avoid social media that are designed mainly for minors
or those that do not have age-gates. And speaking
of alcohol – please be mindful that advertising of
spirits directed to the general public is often limited.
1. T
he most important thing is to specify the subject
of the cooperation correctly. The agreement should
make it clear what kind of content you want the
influencer to produce, including all details that are
important to you, such as the nature and number of
posts, stories, channels, tracked links, hashtags, etc.
You should also explain what your brand is aiming
for by clarifying your concept, products to highlight,
deadlines and the acceptance process. Finally, your
agreement should include clear provisions regarding
remuneration for the influencer, both monetary or of
a different nature, like free products or vouchers;
2. Ensure your contract is in plain language and is
easily understood by the influencer. In this rapidly
evolving area, many of the most powerful advertisers
lack business and legal experience and advice.
It behooves brands and their advisers to make
sure covenants are clear and understandable.
5. F
inally, remember to ensure that the agreement
contains a copyright cause giving you the right
to use the influencer’s content in the future.
Most importantly of all, have a successful
campaign and enjoy the Holiday Season!
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