Table Of Contents
- Understanding Xiaohongshu’s Legal Landscape
- Essential Contracts for Xiaohongshu Marketing
- Disclosure Requirements on Xiaohongshu
- Compliance with Chinese Advertising Law
- Data Privacy Considerations
- Penalties and Risks of Non-Compliance
- Legal Checklist for Xiaohongshu Marketing
- Conclusion
For brands expanding into the Chinese market, Xiaohongshu (Little Red Book) represents an unparalleled opportunity to connect with over 300 million style-conscious consumers. However, navigating this powerful social commerce platform requires more than creative content—it demands a thorough understanding of the legal framework that governs marketing activities in China’s digital ecosystem.
The legal landscape for marketing on Xiaohongshu combines platform-specific rules, Chinese advertising regulations, and cross-border legal considerations that can quickly become overwhelming for international brands. Missteps in contracts, disclosures, or compliance can result in campaign termination, account restrictions, or even substantial penalties under Chinese law.
In this comprehensive guide, we’ll explore the essential legal requirements for marketing on Xiaohongshu, from crafting bulletproof influencer contracts to implementing proper disclosure practices that satisfy both platform requirements and Chinese regulations. Whether you’re just beginning your Xiaohongshu journey or looking to strengthen your existing legal framework, this checklist will help you build a foundation for compliant, sustainable success on China’s most influential lifestyle platform.
Understanding Xiaohongshu’s Legal Landscape
Xiaohongshu operates within a distinct regulatory environment that combines platform-specific policies with broader Chinese legal frameworks. Unlike Western social media platforms, Xiaohongshu functions as both a social sharing community and an e-commerce destination, creating unique legal considerations for marketers.
The platform is governed by multiple layers of regulation: Xiaohongshu’s own community guidelines and terms of service, China’s Advertising Law, E-Commerce Law, Consumer Protection Law, and various regulations on data privacy. Foreign brands must also navigate cross-border considerations when executing marketing campaigns from outside mainland China.
Xiaohongshu’s internal content guidelines are particularly stringent compared to other platforms. The platform emphasizes authentic user experiences and regularly updates its algorithm to identify and penalize content that appears overtly commercial without proper disclosure. This focus on authenticity extends to the platform’s legal expectations, where transparency in marketing relationships is not just best practice but mandatory.
Recent regulatory developments have further tightened requirements for influencer marketing in China, with new guidelines released by the State Administration for Market Regulation (SAMR) specifically addressing social media endorsements. These regulations place greater responsibility on both brands and influencers to ensure content complies with all applicable laws.
Essential Contracts for Xiaohongshu Marketing
Proper contractual frameworks are the foundation of legal compliance on Xiaohongshu. The platform’s unique blend of user-generated content, influencer marketing, and e-commerce requires specialized agreements that address both platform-specific concerns and broader Chinese legal requirements.
Influencer Collaboration Agreements
When partnering with Xiaohongshu influencers (known as KOLs or Key Opinion Leaders), comprehensive collaboration agreements are essential. These contracts should clearly outline:
Content specifications: Detailed requirements for deliverables including number of posts, content themes, key messaging points, and mandatory disclosure language to ensure compliance with Chinese advertising law.
Approval processes: Clear procedures for content review and approval prior to publication, including timelines and revision protocols to prevent unauthorized or non-compliant content from being posted.
Exclusivity terms: Specific clauses detailing whether the influencer may promote competing products during the contract period and for how long afterward, as Chinese courts interpret exclusivity provisions strictly.
Performance metrics: Defined KPIs such as engagement rates, comment quality guidelines, and audience requirements that align with Xiaohongshu’s authentic engagement expectations.
Intellectual property rights: Explicit terms regarding ownership and usage rights for content created, including permissions for repurposing across other marketing channels and territories.
Our Influencer Marketing Agency specialists recommend including specific anti-brushing clauses that prohibit influencers from using fake engagement tactics, which can trigger Xiaohongshu’s increasingly sophisticated detection algorithms and lead to account penalties.
Content Licensing Agreements
User-generated content (UGC) is a powerful marketing asset on Xiaohongshu, but repurposing this content requires proper licensing agreements to avoid intellectual property disputes. These agreements should cover:
Scope of license: Clear definition of how the brand may use the content, including which platforms, territories, and time periods are covered under the license.
Compensation terms: Specific details about payment for content rights, whether monetary or product-based, with consideration thresholds that satisfy Chinese contract law requirements.
Content modification rights: Explicit permissions regarding the brand’s ability to edit, translate, or adapt the original content for different marketing channels.
Attribution requirements: Guidelines for how the original creator must be credited when content is repurposed, in accordance with Chinese copyright law and Xiaohongshu community expectations.
With the platform’s emphasis on authentic content, properly licensed UGC can be a valuable asset in your Content Marketing strategy, provided all legal bases are covered.
Agency Service Contracts
When engaging a marketing agency to manage your Xiaohongshu presence, comprehensive service contracts are vital for defining responsibilities and compliance obligations:
Compliance guarantees: Specific commitments that all content produced will comply with Xiaohongshu’s guidelines and relevant Chinese legislation, with clear liability allocation for any violations.
Account access protocols: Detailed terms regarding who may access your brand’s Xiaohongshu account, including security measures and transition procedures if the agency relationship ends.
Data handling provisions: Explicit terms on how customer data acquired through Xiaohongshu will be stored, processed, and protected in compliance with China’s Personal Information Protection Law (PIPL).
Crisis management procedures: Predetermined protocols for responding to legal challenges, content violations, or consumer complaints on the platform.
As a AI marketing agency with extensive experience in the Chinese social media landscape, we structure our service agreements to provide maximum legal protection while enabling agile campaign execution.
Disclosure Requirements on Xiaohongshu
Proper disclosure of commercial relationships is not optional on Xiaohongshu—it’s a legal requirement that the platform actively enforces. The platform’s commitment to authentic content makes transparent disclosure particularly important for maintaining user trust and regulatory compliance.
Sponsored Content Disclosure
All sponsored content on Xiaohongshu must be clearly identified as such, following specific disclosure protocols:
Explicit disclosure language: Commercial content must include clear disclosure tags in Chinese, typically using terms like “广告” (advertisement), “商业合作” (commercial collaboration), or “品牌合作” (brand partnership).
Prominent placement: Disclosure statements should appear at the beginning of the post caption or content description, not buried among hashtags or at the end of lengthy text.
Standardized hashtags: Xiaohongshu recommends specific disclosure hashtags including #广告 and #sponsored that should be incorporated into commercial content.
Our Xiaohongshu Marketing experts have observed that posts with proper disclosure actually perform better in terms of trust metrics and conversion rates, contrary to the common misconception that disclosure might harm engagement.
Product Claim Restrictions
Chinese advertising law imposes strict limitations on product claims, which must be carefully observed in Xiaohongshu marketing:
Superlative claims: Terms like “best,” “most effective,” or “highest quality” are heavily restricted and must be supported by official recognition or objective testing data.
Healthcare and beauty claims: Claims regarding health benefits, beauty outcomes, or product efficacy require substantiation and must avoid language that promises specific results.
Celebrity endorsements: When featuring celebrity endorsements, additional disclosure requirements apply, including clarity about whether the celebrity is a paid spokesperson or genuine user.
Statistical references: Any statistics cited in marketing content must be traceable to legitimate research sources and presented with proper context.
Our consulting team frequently assists clients in developing compliant claim language that satisfies regulatory requirements while still effectively communicating product benefits.
Intellectual Property Rights
Intellectual property protection on Xiaohongshu requires proactive measures and proper disclosure:
Trademark use: Brand trademarks should be properly marked with the appropriate symbol (®, ™) when used in official brand content, establishing ownership within the platform ecosystem.
Copyright notices: Original content should include copyright notices where appropriate, particularly for distinctive brand materials with significant creative investment.
Authorized use disclosure: When featuring third-party content or properties, proper attribution and disclosure of authorized use should be provided to prevent infringement claims.
Our marketing technology solutions include automated monitoring tools that help brands track and protect their intellectual property across Xiaohongshu’s vast content ecosystem.
Compliance with Chinese Advertising Law
China’s Advertising Law is notably stringent and applies fully to marketing activities on Xiaohongshu. The law was significantly updated in 2015 and has seen further amendments in recent years, with strict enforcement particularly for foreign brands.
Key compliance considerations include:
Prohibited content categories: The law explicitly bans certain content, including references to national symbols, promotion of unhealthy behaviors, and content deemed to undermine social stability or traditional values.
Industry-specific regulations: Special rules govern advertising for specific sectors, with particularly strict provisions for cosmetics, health products, food, financial services, education, and real estate.
Endorsement responsibility: Celebrities and influencers can be held personally liable for false claims in endorsed products, creating mutual responsibility between brands and their promotional partners.
Comparative advertising limitations: Direct comparisons with competitor products are heavily restricted and must be based exclusively on verifiable facts rather than subjective assessments.
Our SEO Agency specialists incorporate Chinese advertising law requirements directly into content optimization strategies, ensuring both search visibility and legal compliance.
Data Privacy Considerations
Data privacy has become a critical legal concern for Xiaohongshu marketing following the implementation of China’s Personal Information Protection Law (PIPL) in 2021. This comprehensive legislation, often compared to Europe’s GDPR, creates specific obligations for brands collecting consumer data through the platform.
Essential data privacy requirements include:
Consent mechanisms: Clear, affirmative consent must be obtained before collecting personal information through campaigns, giveaways, or interactive content on Xiaohongshu.
Data localization: Personal information collected from Chinese consumers generally must be stored on servers within China, with strict protocols for any cross-border data transfers.
Purpose limitation: Brands must explicitly state how consumer data will be used and limit usage to those specified purposes, with separate consent required for additional uses.
Data minimization: Only necessary personal information should be collected, with privacy impact assessments recommended for campaigns requiring substantial data collection.
Through our ecosystem of services, we help brands implement comprehensive data privacy frameworks that satisfy both platform requirements and national legislation.
Penalties and Risks of Non-Compliance
The consequences for legal violations in Xiaohongshu marketing can be significant and multifaceted, potentially affecting both immediate campaign performance and long-term brand viability in the Chinese market.
Platform penalties: Xiaohongshu employs a sophisticated content monitoring system that can flag non-compliant marketing posts for review. Violations typically result in content removal, account restrictions, or in severe cases, permanent banning from the platform.
Regulatory sanctions: Beyond platform-level consequences, Chinese regulatory authorities can impose substantial penalties for advertising law violations, including fines ranging from RMB 200,000 to RMB 1 million (approximately USD 30,000-150,000) and public exposure through the national “blacklist” system.
Reputational damage: The Chinese consumer market is particularly sensitive to perceived ethical violations by brands, with social media backlash often spreading rapidly across platforms and resulting in sustained damage to brand reputation.
Legal liability exposure: Both brands and their agency partners may face civil liability for misleading claims, intellectual property infringement, or privacy violations, with Chinese courts increasingly receptive to consumer protection cases.
Our marketing academy provides specialized training to help marketing teams understand and mitigate these compliance risks through proper protocols and proactive legal strategies.
Legal Checklist for Xiaohongshu Marketing
To ensure comprehensive legal compliance for your Xiaohongshu marketing activities, use this practical checklist developed by our AI Marketing specialists:
Contractual Framework:
- Establish comprehensive influencer agreements with clear deliverables, compliance requirements, and IP provisions
- Implement proper licensing agreements for user-generated content repurposing
- Develop templates for quick-response marketing opportunities that maintain compliance
- Create agency service agreements with explicit compliance responsibilities and data handling protocols
Disclosure Implementation:
- Develop standardized disclosure language for all commercial content that satisfies platform requirements
- Create a disclosure placement guide for different content formats (notes, videos, livestreams)
- Implement tracking systems to verify proper disclosure across all sponsored content
- Train all marketing partners on non-negotiable disclosure requirements
Content Compliance:
- Establish a claims review process for all product statements to ensure compliance with advertising law
- Create sector-specific guidelines for regulated industries (beauty, health, financial, etc.)
- Implement a pre-publication review system for high-risk content categories
- Develop a prohibited content guide based on Chinese advertising restrictions
Data Privacy Protection:
- Create compliant data collection notices and consent mechanisms for campaigns
- Establish data handling protocols in line with PIPL requirements
- Implement data minimization principles across all marketing activities
- Develop data breach response procedures specific to Chinese requirements
Monitoring and Enforcement:
- Establish regular compliance audits of Xiaohongshu marketing content
- Implement AI-powered monitoring of brand mentions and campaign performance
- Create escalation protocols for potential compliance issues
- Develop remediation procedures for addressing identified violations
By implementing this structured checklist, brands can significantly reduce legal risks while maintaining marketing effectiveness on Xiaohongshu. Our SEO Consultant team can help integrate these compliance requirements into a cohesive strategy that enhances rather than restricts creative marketing approaches.
Conclusion
Navigating the legal landscape of Xiaohongshu marketing requires a distinctive blend of platform knowledge, Chinese regulatory expertise, and international marketing acumen. While the compliance requirements may seem daunting, they ultimately serve to create a more transparent, trustworthy ecosystem that benefits both brands and consumers.
Successful brands approach Xiaohongshu’s legal framework not as a limitation but as a foundation for sustainable growth in the Chinese market. By implementing comprehensive contractual protections, maintaining transparent disclosure practices, respecting advertising law boundaries, and safeguarding consumer data, international brands can build lasting presence on this uniquely influential platform.
The most effective Xiaohongshu marketing strategies integrate legal compliance into their fundamental approach rather than treating it as an afterthought. This integration not only mitigates risk but often enhances marketing performance by building authentic connections with increasingly sophisticated Chinese consumers who value transparency and integrity from the brands they support.
With proper preparation and expert guidance, the legal aspects of Xiaohongshu marketing can be managed efficiently, allowing your brand to focus on what matters most—creating compelling content that resonates with China’s most influential consumer community.
Ready to Navigate Xiaohongshu’s Legal Landscape with Confidence?
Hashmeta’s cross-border marketing specialists combine deep Chinese regulatory knowledge with cutting-edge digital strategies to help international brands thrive on Xiaohongshu. From contract development to compliance monitoring, we provide end-to-end support for legally sound marketing campaigns.
Contact our team today to discuss your Xiaohongshu marketing needs and receive a customized legal compliance assessment for your brand.