Tips · Legal basics
Do I have to label my Instagram video as an ad?
Short and simple: what to do for every video – and which buttons to press on TikTok, Instagram and YouTube.
The short answer
If you show your business, your work or your products, that is advertising – even if nobody pays you. That’s fine. People just need to be able to tell. Usually two steps are enough:
- A small “Werbung” (German for “advertising”) in the top left of the video.
- On TikTok, turn on one switch.
Your checklist for every video
In the video and the caption
- ☐ A small “Werbung” (or “Anzeige”) in the top left of the picture. Why? If your video is downloaded and shared, the platform’s label is lost – the one in the picture stays. For a German audience, use the German word rather than “Ad”.
- ☐ Make “Werbung” the first word of the caption. Not just a hashtag at the very end.
- ☐ Can people be recognised? Ask them first. For employees, ideally in writing.
TikTok
- ☐ When posting, tap “More options”, turn on “Content disclosure” and choose “Your brand”. TikTok then adds a “Promotional content” label. Without the switch, TikTok may show your video to fewer people.
- ☐ Nothing extra – as long as no other company pays you.
YouTube
- ☐ Nothing extra – as long as no other company pays you.
Set up once in your profile
- ☐ A link to your legal notice (Impressum), for example in your bio.
Three exceptions
Another company pays you or gives you something
Example: a manufacturer sends you tools and you show them in your video. Then, on top of the checklist:
- ☐ TikTok: “Content disclosure” → “Branded content” instead of “Your brand”.
- ☐ Instagram: “Advanced settings” → turn on “Add paid partnership label” and tag the company.
- ☐ YouTube: tick “Includes paid promotion”.
You post about your business on your private account
Nobody expects advertising on a private account. Then “Werbung” in the picture and at the start of the caption is a must, not just a recommendation. On TikTok, as above: “Your brand”.
You pay the platform so more people see your video
If you “boost” a post or book it as an ad, the platform adds “Sponsored” itself. You don’t need to switch anything on.
What about AI?
- You film yourself and only let an AI suggest captions or hashtags that you check: usually no AI label is needed. Cutting, colour, blur or a film look are normal editing.
- Images, people or voices are invented by an AI and look real: then add “AI-generated” and turn on the AI label on TikTok and Instagram. Since August 2026 the EU Artificial Intelligence Act (KI-Verordnung) requires this too.
Why all this?
In Germany, the Unfair Competition Act (UWG), the Interstate Media Treaty (Medienstaatsvertrag) and the Digital Services Act (Digitale-Dienste-Gesetz) require advertising to be recognisable as advertising. On top of that come the platforms’ own rules. Menu names can differ slightly between app versions and change from time to time – if in doubt, check the platform’s help pages.
How Fipsta helps
Before export, Fipsta’s rights check asks whether your video is advertising. If you say yes, Fipsta adds the label to the picture and the caption and reminds you of the platform settings. Fipsta also asks about recognisable people. You make the decision – Fipsta is a helper, not a legal review.
This article gives a general overview and is not legal advice. If in doubt, get professional advice, for example from a lawyer or your chamber of crafts or commerce (Kammer).