Affiliate Disclosure FAQ

Section I. C. of the EPN Network Agreement requires all affiliates to disclose their affiliation with EPN, regardless of where the affiliate is located, where the consumer is located, or what program eBay promotes. Disclosure is mandatory globally and is a regulatory compliance requirement for "transparent marketing" to protect consumers.

Below are general guidelines for affiliate disclosures. Be sure to refer to site-specific guidelines here.

1. Disclosures must make it clear to a "reasonable" consumer that the website, social media channel, app, or extension is promotional content and/or advertising, and that the affiliate is receiving compensation (commissions, payments, products, etc.).
2. Disclosures should be easily identifiable and frequent. A "disclosure statement" on "Terms of Use," "Legal," "About Us," "Disclaimer," or any other page linked from the location of advertising content is not sufficient for compliance.
3. Disclosures must be "consequential." Disclosures should be as close as possible to the promotional content, ads, logos, and links. Consumers should not seek disclosure.
4. Disclosures are required on all social media posts. Where space is limited, the use of #ad or #sponsored is deemed sufficient. Use of #affiliate or #affiliatemarketing is not permitted as affiliate marketing is not clear to a "reasonable" consumer. A list of approved and non-approved hashtags can be found here.
5. Video ad disclosures must be embedded in the video and be in text that is easily visible, readable, and understandable, along with audio that is easily visible and understandable to a "reasonable" consumer.
6. Disclosures are required for all live links, regardless of how old they are.
7. Failure to disclose may subject both EPN Affiliates and eBay to potential legal proceedings, regulatory investigations, and/or fines and other legal consequences if found to have engaged in deceptive or misleading conduct due to non-compliance with certain local compliance requirements.

FAQs

1. Is a disclosure in the footer sufficient? Not if the affiliate link is at the top of the page and requires scrolling to see the disclosure. Disclosures should be located as close as possible to promotional content, advertisements, logos and links. Consumers should not have to hunt for them.
2. Is it enough to link to the disclosure page near the footer or affiliate link? No, links to affiliate disclosure are not enough. The affiliate disclosure sentence must be in the immediate vicinity of the affiliate link.
3. I don't live in the United States, but do I need to disclose a partnership with ebay? Disclosure is necessary around the world. The EPN network rules require affiliate information, regardless of affiliate, consumer, or eBay promotion. Same policies as the FTC guidelines are applied in all areas, so please refer to the following guidelines below for details.
4. Is there enough information disclosure of the Terms of Use? Information disclosure is easy to identify and frequently performed. "Disclosure", which is limited to "Terms of Use", "Legal matters", "About the Company", "Disclaimer", or other pages linked to the location of advertising content, is not enough to comply. 。
5. Is the promotion method (royalty / return, download tool, etc.) an exception for disclosure of affiliate information? In order to confirm that affiliate information disclosure is compliant with local guidelines, it is a good idea to check the following guidelines for specific guidelines. Detailed information on different promotion methods in each region is provided, and it is necessary to confirm that all the legal requirements in each region are met. If you have any questions, consult a legal advisor and make sure you are complying with your local laws and regulations.
6. What happens if EPN checks my account and does not notice the disclosure of affiliates or discloses an unsupported affiliate? If there is a compliance violation, you will receive at least three notifications for the details of the violation before your account is taken. If you do not respond to these emails, you will be considered a compliance violation. If there is no response, or if you violate the regulatory requirements, it may lead to the stop and/ or termination of the EPN account, as described in the section X of the network terms.
7. Is it possible to file an objection to the EPN account suspension or cancellation decision? yes. a) Send an email to epn-operations-support@ebay. com to submit a foam C) or directly consult an affiliate administrator.

Region Specific Guidelines

US guidance

The Federal Trade Commission (hereinafter referred to as "FTC") discloses it clearly and outstanding that it may receive rewards by advertising a thir d-party product or service to affiliate marketing in the United States. We are obliged to do. This is applied to all EPN affiliates based in the United States or business from the United States, and applies to affiliate marketing activities in all forms, including:

Website or blog post containing mobile applications, promotion content or EPN links.

YouTube, Tiktok, Facebook, Instagram or other social media promotions

Podcast, chat board, bulletin board system, image queue, app, redirected page.

A medium that includes a relationship that EPN affiliates may be rewarded from third parties or marketing instead of introducing a thir d-party sales page.

If you are an affiliate marketing manager or influencer network manager, these rules are applied to your entire network as long as the affiliate link is used to make money.

FTC also regularly, to confirm that EPN affiliates are making any efforts to companies that manage affiliate marketing programs such as eBay, EPN affiliate activities are regular. We are looking for monitoring.

If the EPN affiliate does not disclose affiliate marketing with EBAY to individuals who may browse and click an affiliate link, both EPN affiliates and eBay may be fined from the FTC.

EBAY recognizes that affiliate marketing links are always installed in various formats and are always evolved. In order to determine the most appropriate format and disclosure of the affiliate marketing link, the summary of FTC guidance is described below.

Click here for full FTC guidance. Click here for information about social media influencers. Also, if you think it is appropriate, please consult a lawyer.

FTC guidance summary

Information disclosure must be clear

If you use a document media regardless of the type of link, consider using either of the following description (or similar):

I. "This site contains affiliate links and may receive rewards.

II. "As an eBay affiliate, if you buy it, I may receive a reward."

In a document with a limited sizeLimited by sizeIn the case of a document format with a limited size, such as X and a small banner link, #AD or #sponsored pointed out that it is sufficient.

When using a voice or video transfer, the same among the videos or audio presentations, whether it is a bold (video) or a loud (video or audio) written (video). You have to make a statement.

The disclosure must be up close (Clearly Visible).

O content must be easy for anyone who is a reasonable visitor for content.

O Installation near the affiliate link:

Immediately before the affiliate link

Near the location where the link is posted or displayed, it calls it loudly in a video or audio presentation.

Don't make fonts too small.

O Banner and tweet advertisements should be displayed as part of the link so that the information disclosure with the above form is prominent.

o In the case of the link displayed in the mobile app, the disclosure must be "above the fold", that is, when the page is loaded, it must be seen without scrolling. Do not use small letters on the lower part of the text box or the menu. This is generally not considered to be noticeable by FTC.

British guide

The Advertising Standards Bureau (ASA) obliges affiliate marketing in the UK to comply with no n-known advertisements and direct promotion marketing code (CAP code). This is applied to all EPN affiliates based in the UK or business from the UK, and applies to affiliate marketing activities in all forms, including:

Website or blog post containing mobile applications, promotion content or EPN links.

YouTube, Tiktok, Facebook, Instagram or other social media promotions

Podcast, chat board, bulletin board system, image queue, app, redirected page.

A medium that includes a relationship that EPN affiliates may be rewarded from third parties or marketing instead of introducing a thir d-party sales page.

If you are an affiliate marketing manager or influencer network manager, these rules are applied to your entire network as long as the affiliate link is used to make money.

ASA also has all efforts to monitor the EPN partner's activities to companies that manage affiliate marketing programs, such as EBAY, to comply with ASA and CAP code guidelines. I am asking to check.

If the EPN affiliate does not disclose the affiliate marketing relationship with the eBay to those who can browse or click affiliate links, both EPN Affiliates and EBAY face the results. This includes complaints to the ASA published on the ASA website. These complaints are published every week, including the details of the complaint, the advertiser response, and the ASA decision.

ASA can also impose additional sanctions including the following:

Advertising warning

Pr e-examination

Deletion of searc h-linked ads from search engines

In extreme cases, you may be referred to other institutions, such as the transaction standards and/ or the competitive market bureau. These institutions have more authority, such as fines and prosecuted.

EBAY recognizes that affiliate marketing links are always evolved in various formats. In order to determine the most appropriate format and disclosure of the affiliate marketing link, summarize the ASA guidance below.

We recommend that you check the guidance provided by the ASA here and consult a legal advisor if it seems appropriate.

General guidance on content

Affiliate marketing is a CAP code, so affiliate content applies all CAP code related rules. This content must not misunderstand consumers or have a serious or wide range of discomfort.

Make sure that all marketing is true and accurate to avoid consumer misunderstandings, and do not omit important information (information concealment, presentation of unclear information). "Important information" is the information necessary for consumers to determine the purchase of products and services, such as price, product characteristics, delivery costs, etc.

It is also necessary to confirm that marketing does not include the generally accepted moral, social and cultural standards. It is necessary to consider reasons such as race, religion, gender, sexual orientation, disability, and age.

Affiliate marketing must be clearly identified. < SPAN> If the EPN affiliate does not disclose the affiliate link to the affiliate link with ebay to those who may be browsing or clicking affiliate links, both EPN Affiliates and EBAY face the results. This includes complaints to the ASA published on the ASA website. These complaints are published every week, including the details of the complaint, the advertiser response, and the ASA decision.

ASA can also impose additional sanctions including the following:

If you use a document media regardless of the type of link, consider using either of the following description (or similar):

I. "This site contains affiliate links and may receive rewards.

II. "As an eBay affiliate, if you buy it, I may receive a reward."

In extreme cases, you may be referred to other institutions, such as the transaction standards and/ or the competitive market bureau. These institutions have more authority, such as fines and prosecuted.

EBAY recognizes that affiliate marketing links are always evolved in various formats. In order to determine the most appropriate format and disclosure of the affiliate marketing link, summarize the ASA guidance below.

We recommend that you check the guidance provided by the ASA here and consult a legal advisor if it seems appropriate.

General guidance on content

Affiliate marketing is a CAP code, so affiliate content applies all CAP code related rules. This content must not misunderstand consumers or have a serious or wide range of discomfort.

Make sure that all marketing is true and accurate to avoid consumer misunderstandings, and do not omit important information (information concealment, presentation of unclear information). "Important information" is the information necessary for consumers to determine the purchase of products and services, such as price, product characteristics, delivery costs, etc.

It is also necessary to confirm that marketing does not include the generally accepted moral, social and cultural standards. It is necessary to consider reasons such as race, religion, gender, sexual orientation, disability, and age.

Affiliate marketing must be clearly identified. If the EPN affiliate does not disclose the affiliate marketing relationship with the eBay to those who can browse or click affiliate links, both EPN Affiliates and EBAY face the results. This includes complaints to the ASA published on the ASA website. These complaints are published every week, including the details of the complaint, the advertiser response, and the ASA decision.

ASA can also impose additional sanctions including the following:

Advertising warning

Pr e-examination

Deletion of searc h-linked ads from search engines

In extreme cases, you may be referred to other institutions, such as the transaction standards and/ or the Competition Market Bureau. These institutions have more authority, such as fines and prosecutors.

EBAY recognizes that affiliate marketing links are always evolved in various formats. In order to determine the most appropriate format and disclosure of the affiliate marketing link, summarize the ASA guidance below.

We recommend that you check the guidance provided by the ASA here and consult a legal advisor if it seems appropriate.

General guidance on content

Affiliate marketing is a CAP code, so affiliate content applies all CAP code related rules. This content must not misunderstand consumers or have a serious or wide range of discomfort.

Make sure that all marketing is true and accurate to avoid consumer misunderstandings, and do not omit important information (information concealment, presentation of unclear information). "Important information" is the information necessary for consumers to determine the purchase of products and services, such as price, product characteristics, delivery costs, etc.

It is also necessary to confirm that marketing does not include the generally accepted moral, social and cultural standards. It is necessary to consider reasons such as race, religion, gender, sexual orientation, disability, and age.

Affiliate marketing must be clearly identified.

Marketing communications should be recognized as marketing. Some are identifiable by the medium, such as banner ads and branded emails. However, in social media posts, blogs, coupon sites, etc., it may be difficult for consumers to identify a clear marketing relationship. In these cases, additional disclosures will likely be required to ensure that affiliate content is clearly identifiable as marketing communications.

When using written media with any type of link, consider using one of the following wordings (or something similar):

I. "This site contains affiliate links from which I may receive compensation."

ii. "As an eBay affiliate, I may receive compensation if you make a purchase."

Social media posts should include an identifier to ensure that people know in advance that the post is an advertisement. Words such as "#ad, #advertising" are sufficient. Words such as "partner" or "affiliation" are inappropriate. Make sure to include these words or indicators at the beginning of your post, not at the end or hidden in many hashtags.

If the content of this medium is about affiliated products (usually in the description) and you use audio or video promotions that are "directly related" to the supply of those products, you must make the commercial nature clear before engaging the consumer. This can be done in the title and/or thumbnail of the video. In addition, you can explain the nature of your relationship with eBay in the description or verbally.

FR Guidance

Legal requirements for affiliate marketing

Affiliate marketing must comply with the relevant legal requirements in France, in particular those that may arise from the French Civil Code ("Civil Code"), the French Consumer Code ("Consumer Code") and the Digital Economy Law ("Loi pour la confiance dans l'économie numérique" or "LCEN"). As an ePN Affiliate, you must design your content in accordance with these legal requirements. Failure to do so may result in your exclusion from the "ePN Partner Program".

Legal requirements for advertising in France

Any advertisement must be clearly identifiable as such and clearly separated from other content. What does this mean specifically?

Advertisements in online media should be specified in French as "Publicité" (advertising) or "Colaboration Commermerciale" (commercial cooperation). This display must be clearly, easy to read and read during the advertisement. The use of other languages ​​(eg, English "English" or "sponsored by") is generally not enough.

Website or blog post containing mobile applications, promotion content or EPN links.

YouTube, Tiktok, Facebook, Instagram or other social media promotions

Podcast, chat board, bulletin board system, image queue, app, redirected page.

This separation must be clearly identified by external design so that consumers can clearly understand that the message is an advertisement. The layout of advertising content should not be designed like edited content.

If you are an affiliate marketing manager or influencer network manager, these rules are applied to your entire network as long as the affiliate link is used to make money.

Advertising must not be misleading. In France, subliminal advertisements are prohibited (Cabinet Order 92-280, Article 10), and spam emails are regulated (postal and electronic communication laws L34-5).

Other legal requirements and especially data protection

In addition to these requirements related to advertising and competitive law, other associated other legal requirements must be observed. For example, if personal data is collected or processed in the context of partner marketing, the requirements of the General Data Protection Rules ("GDPR") and the French data protection law ("LOI INFORMATIQUE ET LIBERTE") must be observed. It will not be blurred.

Digital Service Law

Since February 17, 2024, when the Digital Service Law (Regulations (EU) 2022/2065, hereafter "DSA") will be fully enforced, affiliate marketing will be more expensive and obligatory. It is necessary to keep in mind that you need to.

Information disclosure must be clear

When using a hashtag that indicates commercial purposes, include the corresponding hashtags (#Publicité ","#CollaborationCommerciale ","#Sponsorisé ") in the first three hashtags.

If you use a document media regardless of the type of link, consider using either of the following description (or similar):

1. All advertising content and marketing communication should be clearly distinguished from edited content.
2. This separation must be clearly identified by external design so that consumers can clearly understand that the message is an advertisement. The layout of advertising content should not be designed like edited content.

In a document with a limited sizeLimited by sizeOther legal requirements and especially data protection

When using a voice or video transfer, the same among the videos or audio presentations, whether it is a bold (video) or a loud (video or audio) written (video). You have to make a statement.

Digital Service Law

Since February 17, 2024, when the Digital Service Law (Regulations (EU) 2022/2065, hereafter "DSA") will be fully enforced, affiliate marketing will be more expensive and obligatory. It is necessary to keep in mind that you need to.

Don't make fonts too small.

When using a hashtag that indicates commercial purposes, include the corresponding hashtags (#Publicité ","#CollaborationCommerciale ","#Sponsorisé ") in the first three hashtags.

The use of affiliate links is in principle that falls into an ad, so it should be specified.

All advertising content and marketing communication should be clearly distinguished from edited content.

This separation must be clearly identified by external design so that consumers can clearly understand that the message is an advertisement. The layout of advertising content should not be designed like edited content.

The display should be clearer as the advertising content is similar to the edited content (see above).

Advertising must not be misleading. In France, subliminal advertisements are prohibited (Cabinet Order 92-280, Article 10), and spam emails are regulated (postal and electronic communication laws L34-5).

Other legal requirements and especially data protection

General guidance on content

Digital Service Law

Since February 17, 2024, when the Digital Service Law (Regulations (EU) 2022/2065, hereafter "DSA") will be fully enforced, affiliate marketing will be more expensive and obligatory. It is necessary to keep in mind that you need to.

It is also necessary to confirm that marketing does not include the generally accepted moral, social and cultural standards. It is necessary to consider reasons such as race, religion, gender, sexual orientation, disability, and age.

Some ads in Australia are regulated by the industry through advertising standards, partially under the Australian Consumer Law (ACL), Australian Competition and Consumer Committee (ACCC), and Australian News and Media based on the Spam Law. It is regulated by the station (ACMA).

AANA and rules

Advertising warning

These nations are issued or broadcast on all media that advertisers can manage them in a reasonable degree and apply to advertising and marketing communication that advertise products, services, or organizations. The same rules specify that ads should be clearly distinguished as ads, and the included plactic notes provide further guidance on influencers and affiliate marketing.

ACCC and ACL

ACL demands the transparency of advertising and marketing methods in Australia, and it is illegal to be misleading, deceptive, or misleading or deception. There are the following things that cause misunderstanding and deceiving acts:

Product or service advertising method

Product or service explanation method (including reviews). lingering

We recommend that you check the guidance provided by the ASA here and consult a legal advisor if it seems appropriate.

In other words, affiliate marketing in Australia clearly discloses the possibility of receiving rewards by advertising thir d-party products and services, and contains affiliate links in the content. Whether or not you need to disclose a commission when you buy it using ground golf.

Affiliate marketing is a CAP code, so affiliate content applies all CAP code related rules. This content must not misunderstand consumers or have a serious or wide range of discomfort.

Make sure that all marketing is true and accurate to avoid consumer misunderstandings, and do not omit important information (information concealment, presentation of unclear information). "Important information" is the information necessary for consumers to determine the purchase of products and services, such as price, product characteristics, delivery costs, etc.

The above is applied to all EPN partners who are based in Australia, business in Australia, or marketing Australian consumers, and applies to all forms of affiliate marketing activities, including the following:

Mobile apps, websites or blog posts containing promotion content or EPN links

YouTube, Tiktok, Facebook, Instagram or other social media promotions.

Podcast, chat board, bulletin board system, image dump, app, redirected page.

Instead of introducing a thir d-party sales page, EPN partners are all media, including a relationship that may be rewarded from a third party or marketer (including email communication).

If you are an affiliate marketing manager or influencer network manager, if the affiliate link is used to make a profit, these rules are applied to the entire network.

If both EPN partners and ebay do not disclose affiliate marketing with eBay to people who see and click affiliate marketing with ebay, they may be able to file a complaint through the Advertising Standards Committee. If it is possible to face legal measures, it is found that it has been involved in a deceptive or misleading act based on ACL, or an act that violates the spam law, a survey by regulatory authorities. And you may face / / or a fine or other legal results.

EBAY recognizes that affiliate marketing links are installed in various formats and constant evolved places, and are not particularly related to related laws and guidance materials.

If you have confirmed this norm (along with the associated norms and practical notes issued by AANA), the ACCC guidance on advertising and promotion, and the ACMA guidance on spam avoidance, it is deemed appropriate. We recommend that you consult a lawyer.

Although it has nothing to do with information disclosure, the Australian Marketing Council (Australian Marketing Council, hereafter "Aimco") shows influencer marketing to protect all stakeholders from the risks and legal measures by not complying with ACL. We are also creating practical norms for community.

The outline of the requirements specified in this norm is shown below.

Information disclosure must be clear

There is no absolute requirement of labeling ads and marketing communication, but it must be clear for the public that advertising is.

If you use a written medium with some link, consider the use of any of the following words (or similar):

"This site contains affiliate links.

"If you buy as an eBay affiliate, you may be rewarded."

The following document

Social Media Disclosures

The size is limited

For limite d-size sentences such as X and small banner links, #Ad, #advert, #brandedContent, #paidPromotion, #sponsoured . SP,#Spon,#augiliate,#Collab It may not be enough to clearly distinguish that the post is an advertisement by simply referring to the tags that are not very clear, such as#ThanksTo, or just mentioning the brand.

When using a voice or video promotion, a similar statement should be made during videos or audio presentations, whether it is written in bold (video) or what is performed in front of the audience (video or audio). It will not be blurred.

Information disclosure must be prominent and close.

1. The disclosure must be easy for a reasonable visitor to the content.
2. The font should not be unreasonably small.
3. Information disclosure should be near the affiliate link:

eBay DE Disclosure Requirements

Describe directly before the affiliate link. lingeringSay a voice in a video or audio presentation near the place where the link is posted or displayed.

Tags or hashtags must be clearly identified and stand out, without being hidden in the last or subsequent comments of the long caption.In the case of the link displayed in the mobile app, the disclosure must be "above the folds", that is, the position that can be seen without scrolling when the page is loaded. It should not be the lower part of the text box or the small letters in the menu.

eBay DE Visual Disclosure Requirements (static images and video)

The overall message of advertising and marketing communication must not be misleading. Therefore, even if there is information disclosure, if the overall message misunderstands or deceives consumers, a single or small information disclosure may not be sufficient.guidance

Legal requirements for affiliate marketing

Affiliate Marketing is in particular, "Gesetz GeGen Den Unlauteren Wettbewerb" or "UWG"), Telemedia Law ("TelemedienGesetz" or "TMG"). From TSVERTRAG or "MSTV") You must comply with the relevant legal requirements in Germany, which may occur. As an EPN affiliate, you must design content according to these legal requirements. If you violate this, you may be excluded from the "EPN Affiliate Program".

Advertising legal requirements in Germany

Any advertising must be clearly identifiable as such and clearly separated from other content. What does this mean in concrete terms?

Advertising in online media must be clearly marked with the German words "Werbung" (advertising) or "Anzeige" (advertising). Words in other languages ​​(e. g. "advertising" or "funding from") are generally sufficient.

If hashtags are used to indicate commercial intent, many hashtags should be prefixed with the corresponding hashtag ("# werbung " or "#anzeige").

The use of affiliate links is also advertising in principle and should be clearly marked as such.

All advertising content must be clearly separated from editorial content.

The separation must also be clearly identifiable by the external design. The layout of promotional content must not have the same design as editorial content.

eBay DE Audible Disclosure Requirements (podcasts/radio and other audio-only formats; NOT required for video)

The more promotional content is similar in design to editorial content, the clearer the labelling should be (see above).

Advertising must not be misleading and should not use subliminal techniques.

Further information and examples (including recommendations on specific labelling) can be found in the "Medienanstalten guide - Advertising labelling in the electronic media (di e-medienanstalten. de)" (German only).

Other legal requirements and in particular data protection

In addition to these requirements on advertising and competition law, other relevant legal requirements must of course be complied with. For example, if personal data are collected or processed in the context of affiliate marketing, the requirements of the General Data Protection Regulation ("GDPR") and the German Federal Data Protection Act ("BDSG") must be complied with.

Digital Services Act

• It should be noted that as of 17 February 2024, when the Digital Services Act (Regulation (EU) 2022/2065 or "DSA") is fully applicable, wider requirements and obligations apply to affiliate marketing and must be complied with from that date onwards.
• Guidance
• According to the Italian law, advertisements are subject to structured legal frameworks because they are regulated by both laws and voluntary regulations. Regarding the law, (i) Italian Civil Code, (II) Italian Consumer Code, (III) Advertising Orders No. 145/2007, (IV) Cabinet Order No. 208/2021, that is, the provision of audience media services. The integration method is the main source, and its scope is expanded by the influential marketing guidelines of Italian News Authorities.

The use of affiliate links is also advertising in principle and should be clearly marked as such.

As an EPN partner, it is necessary to design advertising content according to the applied legal framework, as described below. If you violate, you may be excluded from the "EPN Partner Program".

eBay UK Disclosure Requirements

Describe directly before the affiliate link. lingeringSay a voice in a video or audio presentation near the place where the link is posted or displayed..

Tags or hashtags must be clearly identified and stand out, without being hidden in the last or subsequent comments of the long caption.Do not mislead or deceive the characteristics, prices, and related calculation methods..

eBay UK Visual Disclosure Requirements (static images and video)

Do not use subliminal techniques.guidance

Legal requirements for affiliate marketing

Affiliate Marketing is in particular, "Gesetz GeGen Den Unlauteren Wettbewerb" or "UWG"), Telemedia Law ("TelemedienGesetz" or "TMG"). From TSVERTRAG or "MSTV") You must comply with the relevant legal requirements in Germany, which may occur. As an EPN affiliate, you must design content according to these legal requirements. If you violate this, you may be excluded from the "EPN Affiliate Program".

The transparency obligations currently applicable to influencers also apply to virtual influencers.

Promotional content that constitutes affiliate marketing practices and suggests the use of affiliate links will contain a warning indicating its promotional purpose, unless otherwise specified in this context.

Additional legal requirements in the field of data protection

In addition to the above requirements from the perspective of consumer and competition law, other legal requirements will be respected if personal data are collected or processed in the context of affiliate marketing practices. In this case, Regulation (EU) No 101/2018 applies.

Please note that the eBay disclosure requirements below are not a substitute for legal consideration by influencers in individual cases. Influencers are responsible for ensuring that their conduct and content comply with the applicable legal requirements.

Social media disclosures are required whenever eBay (or a company acting on behalf of eBay) pays a content creator/influencer to create and publish eBay-related social media content on a third-party social media account (in other words, a social media account that eBay does not control).

eBay UK Audible Disclosure Requirements (podcasts/radio and other audio-only formats; NOT required for video)

The more promotional content is similar in design to editorial content, the clearer the labelling should be (see above).

Advertising must not be misleading and should not use subliminal techniques.

Further information and examples (including recommendations on specific labelling) can be found in the "Medienanstalten guide - Advertising labelling in the electronic media (di e-medienanstalten. de)" (German only).

Other legal requirements and in particular data protection

Affiliated agencies

eBay

A single still image or video used on social media requires a visual disclosure.

A visual disclosure is required.

Podcasts and other audio-only formats require an audio disclosure.

eBay.com (US) Disclosure Requirements

An audio-only disclosure is required.Say a voice in a video or audio presentation near the place where the link is posted or displayed..

Include appropriate hashtags in the description of your social media post.Say a voice in a video or audio presentation near the place where the link is posted or displayed.Adjust the size and font of the text overlay, as well as the color and size, to ensure it is legible for users on mobile devices.Do not mislead or deceive the characteristics, prices, and related calculation methods..

Tags or hashtags must be clearly identified and stand out, without being hidden in the last or subsequent comments of the long caption.Do not mislead or deceive the characteristics, prices, and related calculation methods..

eBay US Visual Disclosure Requirements (static images and video)

1. #Werbung? #Anzeige? #ebay Partner (only when combined with other acceptable visual disclosures)This list is not exhaustive. Use the examples above as a guideline for language that fits your use case.

Legal requirements for affiliate marketing

Affiliate Marketing is in particular, "Gesetz GeGen Den Unlauteren Wettbewerb" or "UWG"), Telemedia Law ("TelemedienGesetz" or "TMG"). From TSVERTRAG or "MSTV") You must comply with the relevant legal requirements in Germany, which may occur. As an EPN affiliate, you must design content according to these legal requirements. If you violate this, you may be excluded from the "EPN Affiliate Program".

Audio disclosures must be at the beginning of the audio recording/live broadcast.

Content creators/influencers must deliver their audio disclosures at the same volume, speed, and pacing as the rest of the oral presentation.

The disclosure must not contradict other information in the audio recording.

For longer audio recordings (over 30 minutes), consider creating a break in the content, repeating the disclosure, and then returning the content.

eBay de Audible Disclosures - Sample Language

Acceptable Audible Disclosures (DE - Radio/Audio Content Only)

I have ... for eBay (e. g. "Folgende produkte getestet", "Die Schönsten Vase Ausgesucht", "Fßballartikel auf eBay Heraussucht")

Ebay gave me 50 euros, UM Prevoved Artikel Zu Shoppen.

I am being paid by eBay for this radio spot/podcast.

This list is not exhaustive. Use the examples above as a guideline for the language that fits your use case.

Acceptable Audible Disclosures (DE - Radio/Audio Content Only)

A single still image or video used on social media

eBay Audible Disclosure Requirements (video content and audible-only content)

must have a visual disclosure

Podcasts and other audio-only formats require

Audio only

Still Images:

Include appropriate hashtags in the description of your social media post.

The disclosure must not contradict other information in the audio recording.

Text overlays should be sized and font- and color-scaled to be easily readable by mobile users.

• For videos, start the text overlay immediately if the entire video is sponsored, and if the ad is part of the video, reveal it as soon as the ad section begins.
• eBay UK Visual Disclosures - Sample Language
• Acceptable Visual Disclosures (UK)
• #advertising? #add? #advertising? #AD/advertising/advertising/advertising
• Unacceptable Visual Disclosures (UK)
• #sponsored; #sponsoredcontent; #Spon, #SP, #inassociationWithebay; Thanks to eBay for making this possible. eBay

The use of affiliate links is also advertising in principle and should be clearly marked as such.

The content creator/influencer must make the audio disclosure at the same volume, speed, and pace as the rest of the oral presentation.

Text overlays should be sized and font- and color-scaled to be easily readable by mobile users.

The use of affiliate links is also advertising in principle and should be clearly marked as such.

The content creator/influencer must make the audio disclosure at the same volume, speed, and pace as the rest of the oral presentation.