What you need to know if you’re an influencer and want to avoid being fined

What you need to know if you’re an influencer and want to avoid being fined

More and more people make a living from creating content on social media. Some do it professionally, others combine it with other activities, but in both cases there’s something that can’t be ignored: the legal framework.

If you collaborate with brands, run giveaways, or promote products on your channels, there are rules you need to follow. Being a “digital creator” doesn’t mean you’re under the radar. And no, not everything goes.

Disclosure of collaborations and sponsorships

When you talk about a brand and receive something in return—money, products, discounts—you’re doing advertising. And that commercial relationship must be clearly disclosed. It’s easy to think that if you’re not getting paid, you don’t need to mention it, but that’s not the case. Even if you receive a gift without payment, it can be considered compensation in kind. And if you post about it, it will likely be seen as advertising content.

The rule is clear: you have to use the words “advertising” or “ad.” Not “collab,” not “thanks to,” and not any other vague expression. It has to be obvious and visible. It doesn’t matter if it’s a Story, a Reel, a long-form video, or a photo post. And yes, you have to repeat the disclosure every time.

The CNMC (Spain’s National Commission on Markets and Competition) can act on its own initiative, but you can also be reported by any user. If in doubt, label your content. The current recommendation is clear: when in doubt, say it’s advertising. Don’t place it at the end, don’t hide it, and don’t replace it with euphemisms. Be clear. The more transparent you are, the fewer problems you’ll have.

Also, the updated Code of Conduct for influencers now includes a basic advertising training certificate and updated guidelines with examples of how to properly disclose advertising on each social platform. Previous requirements have been simplified—now it’s enough for there to be a commercial relationship, even if the brand doesn’t exercise editorial control.

Responsibility is shared

Don’t think the responsibility falls solely on you. The brand and the agency that hire you also bear responsibility. In fact, the CNMC has already opened joint proceedings involving both influencers and advertisers. Both parties receive official notices and must respond. If advertising is not clearly disclosed, an investigation is opened. And if it’s not properly justified, sanctions may follow.

To protect themselves, many brands now include clauses in their contracts stating that it is the influencer’s duty to properly disclose advertising. But that doesn’t fully release them from liability, so they stay alert. More and more brands are asking for proof or pre-approval of content before it goes live.

Consequences of not complying with the rules

In February 2024, the European Commission coordinated a large-scale review of influencer profiles. Many countries participated, and the results were alarming: 75% of advertising content was not properly labeled. This clearly showed the need for tighter regulation and more involvement from all stakeholders.

Measures are also being taken against platforms like Temu and Shein for aggressive practices such as fake countdowns and misleading sustainability claims. Some platforms like Zalando have been flagged for using eco-friendly symbols that actually had no basis in fact.

Although the Audiovisual Media Services Directive does not explicitly mention influencers, it does allow Member States to regulate them as new communication agents. In Spain, certain criteria have already been defined to determine whether an influencer falls under this category—especially when they have a large audience and generate significant income.

From certain thresholds onward, influencers must register as audiovisual service providers. This involves obligations like storing content for at least six months and meeting transparency standards. Not everyone is affected, but it’s worth knowing if your community starts to grow significantly.

In conclusion, creating content is great, but it also comes with certain responsibilities. If you handle followers’ data, run giveaways, or promote products, you need to comply with the rules. The excuse “I didn’t know” no longer works. The good news is there are plenty of tools, training, and guides to help you do it right. And being transparent won’t hurt you—it will actually boost your credibility and build trust.

If you have any questions, don’t hesitate to contact LetsLaw to help you with our lawyers for influencers.