The way posts are tagged varies from country to country depending on cultural and linguistic differences. The European Advertising Standards Alliance (EASA) recently published Best Practice Recommendation on Influencer Marketing 2023 provides a list of recommended terms, keywords and hashtags for successful dissemination in multiple languages.
, laws and guidelines that govern influencer marketing in Europe, the UK and the US .
Austria
According to the Austrian Advertising Council , influencer marketing r&d directors email database content is subject to the provisions of various media and consumer protection laws. The CAA is not authorised to impose sanctions, but can refer cases to the competent authorities. According to the CAA's Code of Ethics for Influencers, “two conditions characterise influencer activities as marketing communication: compensation and control.”
Belgium
In recent years, several contradictory laws and regulations have been introduced in Belgium, resulting in a chaotic regulatory landscape. However, in 2022, the Ministry of Economic Affairs and the State Secretariat for Consumer Protection published guidelines on influencers , clarifying that influencers must comply with the advertising provisions set out in the Code of Economic Law. Advertisers and organisations that commission content from influencers are responsible for monitoring the content and could be held liable for infringements.
Bulgaria
Influencer marketing is subject to the provisions of advertising legislation. The National Self-Regulation Council has published the Recommendation on Influencer Marketing for the effective implementation of the National Ethical Standards for Advertising and Commercial Communication (Ethical Code) , which sets out definitions of influencer marketing, editorial control and consideration of contractual agreements.
Finland
The Finnish Competition and Consumer Authority defines influencer marketing as a commercial transaction between companies and influencers that aims to promote the sale of the company’s products or raise the brand’s profile. The organisation published guidelines in 2019 on the reporting obligations of commercial partnerships under the Consumer Protection Act.
France
The French Parliament passed laws in April 2023 defining the status of “commercial influencer” and “influencer agent”, while banning the promotion of cosmetic surgery by influencers, strengthening protections for minors working as influencers, and establishing a dedicated team within the consumer affairs and protection service to investigate complaints about influencer content. The government also published a Guide to Good Practices for Influencers and Content Creators to inform them of their rights and obligations under the law. Failing to announce the commercial intent of content is punishable by up to two years in prison and €300,000.
Greece
In Greece, there is no specific law regulating influencer marketing, the sector is subject to the provisions of the Hellenic Advertising and Communication Code. The Greek Communication Control Council (CEC) is a member of the EFSA.
Germany
Laws such as the Unfair Competition Act, the Telemedia Act and the Interstate Broadcasting Treaty in Germany set standards for advertising in Germany . Although there is no specific law for influencer marketing, several high-profile court cases have ruled on labeling requirements for influencers’ editorial and commercial posts on social media.
Ireland
The Consumer Rights Act 2022 protects consumers from false or misleading advertising. While there is no specific regulation for influencer marketing, the Advertising Standards Authority of Ireland (ASAI) Code of Standards for Advertising and Marketing Communications applies to this field. The ASAI has published a guidance note on the discoverability of influencer marketing communications.
Italy
In 2019, Italy introduced the Digital Letters Regulation into the Italian Marketing Communication Code , effectively setting binding rules for influencers and companies using influencer marketing on social media. Under the law, creators’ commercial posts must be clearly recognizable as such by the audience, but companies are not liable if they can prove that they have previously informed creators of the recognizability requirement.
Netherlands
The Advertising Code for Social Media and Influencer Marketing sets out specific rules under the Dutch Advertising Code for advertising on social media. Influencer content is also regulated by the Dutch Media Act.
Poland
Below is a brief summary of the different rules
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