Influencer toolkit: key legal documents

INFLUENCER TOOLKIT: KEY LEGAL DOCUMENTS

Social media and influencer marketing are mammoth trends in the marketing world, and completely changed the way in which products and services are promoted – particularly in the last 10 to 15 years.

For businesses, social media offers huge potential advantages. However, these marketing tools also present legal and commercial risks which need to be carefully managed – especially as a social media influence grows. Such risks include:

• Commercial relations and financial protection
• Confidentiality and brand protection
• Intellectual property rights
• Defamation and trolling
• Advertising and marketing regulation
• Employment practices and employee relationships
• Data protection and privacy requirements

We can advise you on the ways that companies and influencers can protect against commercial and regulatory liabilities, which is aimed at protecting the potentially huge rewards of influencer marketing.

Below is our minimum recommendations for an ‘Influencer Toolkit’ – designed to assist companies and influencers in identifying and managing the risks presented by social media and influencer marketing.

1. Endorsement Agreements

An agreement that covers the agreed terms between the influencer and the company whose product or service is being promoted (usually in return for a fee).

It is important during negotiations that the promoting brand is clear on its goals for the campaign and the amount of freedom to be given to the influencer. Equally, the influencer must consider how the endorsement will fit with its other projects or engagements.

2. Non-Disclosure Agreements

The parties involved should sign a non-disclosure agreement before sharing any sensitive or confidential information with each other. The terms should be checked carefully to ensure there are no onerous restrictions. For example, an influencer may want to share an upcoming partnership with a prospective advertiser or marketing agent.

3. Freelancer Agreements

When influencers use freelancers to work with them, the freelancer agreement is an important step to protect the influencer’s business. In particular, the freelancer agreement should deal with confidentiality issues and the influencer should take legal advice on the freelancer’s potential status as an employee or otherwise.

4. Employment Contracts

When it’s time for the influencer to hire employees such as a manager or an assistant, the employment contract is an essential document to have in place.

5. Advertising Standards

It is important to understand the legal responsibilities surrounding advertising standards and to have a written policy in place where appropriate. This can prevent or limit the risk of reputational damage.

The Advertising Standards Agency (ASA) recently announced its launch of a web page to publicly name influencers who regularly break their rules

6. GDPR and Privacy

Compliance with data protection laws is extremely important and can provide a reputational boost. Key legal documents include:

• Privacy policies
• Website terms and conditions
• Cookies policy
• Accessibility statement

For more information, please call us on 020 4571 8634 or email us at hello@birdilaw.com. Alternatively, please take a moment to complete our free enquiry form.

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