Is your brand prepared to tackle the most common influencer marketing legal issues? We break down 10 safeguards to put in place when working with creators!
We'll bite: navigating the legal complexities of influencer marketing can be overwhelming.
From making sure creators stay compliant to getting campaign approval from your legal team, there's a lot of ground to cover. Rules are constantly changing, too!
That's why the more safeguards you have to protect your brand, the better.
Ready to stop stressing over influencer marketing legal compliance? This post breaks down the most important steps to take and safeguards to put into place your brand.
1. Understand FTC Guidelines & Disclosure Requirements
Compliance in influencer marketing starts with knowing FTC guidelines for gifted products.
The short of it? The Federal Trade Commission requires influencers to disclose any material connection with the brands they promote.
And yes, this includes free products, discounts or paid partnerships.
This highlights the importance of including disclosure requirements in your influencer briefs.
As a rule of thumb, your creators need to stick to the following:
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Use clear disclosure tags like #Ad or #Sponsored in their post description or caption
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Make sure disclosures are easy to spot (and not buried in hashtags or hidden in tiny text)
By following disclosure requirements for influencers, brands and influencers can avoid potential fines and uphold ethical marketing standards.
2. Educate Influencers About Transparency
Transparency safeguards your brand brands against liability for influencers and strengthens long-term partnerships. Learn more about ensuring brand safety in influencer marketing.
3. Tighten Up Your Influencer Contracts & Agreements
Strong influencer agreement contracts are essential for managing campaigns. Contracts protect both parties and clearly outline the legal considerations in influencer marketing:
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Include clauses for FTC compliance, disclosure obligations and deliverables
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Specify campaign scope, deadlines and payment terms
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Address UGC legal contract details, such as ownership rights for user-generated content
Clear contracts reduce misunderstandings and ensure everyone adheres to influencer marketing compliance standards.
4. Be Clear Content Deliverables & Compliance
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Content types and formats (like Instagram posts or TikTok videos)
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Content approval processes
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How content will be used
This clarity helps avoid disputes and ensures campaigns meet all UGC legal requirements.
5. Implement Exclusivity Clauses
Exclusivity clauses are extremely common in influencer marketing legal terms and conditions.
However, fairness is critical. That means:
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Defining exclusivity periods to avoid conflicts
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Allow flexibility for influencers’ existing partnerships
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Address legal implications of influencer endorsements to prevent unintended brand association
Exclusivity agreements protect your brand's reputation while maintaining positive relationships with influencers.
6. Be Upfront About Intellectual Property Rights
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Copyright ownership. Again, decide if the content belongs to your brand or the influencer.
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Trademark use in influencer campaigns. Obtain permissions for logos or trademarks featured in content.
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Right of publicity. Explicitly state how an influencer’s likeness can be used.
These measures reduce litigation risks and guarantee that campaigns are legally sound.
7. Stick to Data Privacy Regulations
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Limiting the collection of personal data
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Promoting secure handling of influencer analytics
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Addressing privacy clauses in contracts to specify data use
By respecting data privacy regulations, brands maintain trust and avoid hefty penalties.
8. Avoid Defamation Risks
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Include clauses in contracts outlining acceptable content
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Establish procedures for resolving disputes amicably
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Protect your brand and influencers from social media liability for influencers with clear guidelines and brand alignment
9. Maintain Securities Law Compliance
Influencers promoting investments or cryptocurrencies face specific influencer marketing regulations under the SEC. Prioritize compliance with clear disclaimers about risks and full disclosure of compensation for endorsements.
As always, avoid misleading statements that could violate advertising laws for influencers.
10. Pay Attention to Influencer Giveaway & Sweepstakes Regulations
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Disclosing rules, eligibility and prize details
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Complying with local and international laws
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Clarifying liability issues for giveaway sponsors
How to Keep Your Influencer Marketing Campaigns Compliant Using Statusphere
By addressing these legal considerations in influencer marketing, brands can create successful campaigns that prioritize compliance and trust.
And with an influencer marketing platform like Statusphere, staying compliant is even easier.
Statusphere simplifies the complex process of running brand-safe influencer marketing campaigns. With an easy-to-use platform, you can:
That's because our platform:
- Vets and select influencers who align with your brand values
- Automates compliance checks to meet FTC guidelines
- Conducts quality checks across all influencer-generated content
Want to see how our platform works? Get in touch with our team to see how Statusphere scales influencer content while putting brand safety first.
Disclaimer: We're influencer marketing specialists, not lawyers ourselves! This content is not legal advice and you should definitely consult a legal professional based on your needs and questions. We do not make any guarantees as to the accuracy or completeness of this information and take no liability or legal obligations for your use of this information.
