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Institutional Consumer Protection in Influencer Marketing: Montenegro and Germany

You are scrolling through your feed when a favourite creator raves about a new skincare product. Is that a genuine recommendation, or did someone pay for those words? Most of us can't tell, and that is exactly the problem.

As more brands advertise through social media, the line between a friend-like tip and a paid promotion keeps getting thinner. Neither Montenegro nor Germany has a law written specifically for influencers, but the two countries handle the challenge quite differently.

Germany has built its approach over time from unfair competition rules, media regulation and years of court decisions. The message is simple: advertising must be recognisable as advertising. And someone is checking. Media authorities can look into hidden ads and impose sanctions, and competitors and consumer-minded organisations can step in as well.

Montenegro relies on the general rules of its Consumer Protection Act, with no dedicated authority and no influencer-specific guidance yet. That doesn’t leave it without options. Clear, practical recommendations on how to label sponsored content, perhaps developed through the Consumer Protection Council, could help influencers and businesses know what is expected of them, and help authorities do their job.

As Montenegro moves closer to EU standards, these questions will only become more pressing. This analysis provided by Mina Čogurić, Associate and Alexandra Holik, Intern from JPM Podgorica office,  looks at what Germany’s experience can teach us, and where a realistic first step might begin.

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JPM Law Office
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