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In China, where social media plays a significant role in consumer behavior, ensuring legal compliance is crucial for brands engaging with influencers. This article provides a guide to navigating the legal landscape for influencer marketing in China.
Understanding Advertising Laws
China has strict advertising laws that require clear disclosure of sponsored content. Influencers must clearly indicate when they are promoting a product or service.
Example: Clear Disclosure
A food brand collaborates with a cooking influencer who explicitly mentions the partnership in the video description, adhering to legal requirements.
Protecting Consumer Rights
Brands and influencers must ensure that all promotional content is truthful and does not mislead consumers, in line with consumer protection laws.
Intellectual Property Rights
Respect intellectual property rights by obtaining necessary permissions for using copyrighted material, such as music, images, or trademarks, in influencer content.
Example: Copyright Compliance
A fashion brand ensures that the influencer has the rights to use the music in their promotional video, avoiding potential legal disputes.
Personal Data Protection
Comply with data protection regulations by safeguarding the personal information of followers and fans, especially when collecting data for marketing purposes.
E-commerce Regulations
When influencers engage in e-commerce activities, such as promoting products for sale, they must adhere to e-commerce laws, including product safety and quality standards.
Example: E-commerce Compliance
An influencer promoting a tech gadget ensures that the product complies with all safety and quality regulations, as required by Chinese law.
Tax Obligations
Influencers and brands must be aware of and comply with tax obligations related to influencer marketing activities, including income tax and value-added tax (VAT).
Anti-Competition Laws
Ensure that influencer collaborations do not violate anti-competition laws, such as agreements to restrict competition or engage in unfair practices.
Monitoring and Enforcement
Stay informed about changes in regulations and actively monitor influencer activities to ensure ongoing compliance with Chinese laws.
Example: Regulatory Monitoring
A beauty brand regularly reviews its influencer marketing campaigns to ensure they are in line with the latest legal requirements, avoiding potential legal issues.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries exports in China account for 97% of the total exports in Asia. Contact us, and we will help you find the best China e-commerce platform for you. Search pltfrm for a free consultation!
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