New Code of Conduct on Influencer Advertising Published by AUTOCONTROL

New Code of Conduct on Influencer Advertising Published by AUTOCONTROL

The Spanish Advertisers Association (AEA), IAB Spain, and the Association for the Self-Regulation of Commercial Communication (AUTOCONTROL) have published the new Code of Conduct on Influencer Advertising, replacing the version initially released in 2020. The new Code shall enter into force on 1 October 2025.

The development and publication of this updated Code are primarily driven by recent regulatory developments, including the adoption of the Digital Services Act, the revised Guidance on the Interpretation and Application of the Unfair Commercial Practices Directive, the entry into force of the General Law on Audiovisual Communication, as well as the updated Best Practice Recommendation on Influencer Marketing issued by the European Advertising Standards Alliance (EASA). These instruments share a common objective: to align current regulation with the goal of protecting EU consumers and ensuring a high level of protection in the digital environment, particularly regarding influencer marketing.

The overarching aim of the new Code is to promote responsible advertising and improve the quality of influencer marketing among members of AEA, AUTOCONTROL, and IAB Spain, as well as any other advertisers, agencies, media outlets, representatives, or influencers who voluntarily adhere to it.

Ethical standards promoted

The new Code is designed to ensure that influencer marketing carried out by members of AEA, AUTOCONTROL, and IAB Spain, including influencers, influencer agencies, advertising agencies, and other participating companies, is transparent, responsible, and compliant with applicable laws. The Code promotes adherence to the following ethical standards:

1. Legal compliance with all applicable laws, with particular emphasis on sensitive sectors such as alcoholic beverages, gambling, and financial products and services.
2. Explicit, immediate, and clear identification of advertising content, using labels such as ‘advertising’, ‘ad’, ‘paid partnership’, or ‘sponsored by’.
3. Disclosure of advertising content where a direct or indirect benefit or consideration is provided.
4. Advertising content must be clearly identifiable from the beginning of the message and visible without requiring the user to click to access it.
5. Where influencers are minors, explicit parental consent is required.
6. False claims of collaboration with a brand are expressly prohibited.
7. Responsible use of artificial intelligence, ensuring no misleading content is produced and full compliance with applicable laws.
8. All parties involved (influencers, agencies, brands) may be held jointly or severally liable for breaches, unless clear evidence of contradictory instructions is provided.

Enforcement and monitoring procedures

The Code establishes four key control mechanisms to ensure compliance:

1. Internal pre-approval procedures: companies are encouraged to (i) implement internal controls to ensure influencer campaigns comply with the Code, (ii) inform influencers about the Code and promote their adherence, and (iii) incorporate the Code’s obligations into influencer agreements.
2. Prior legal review – copy advice: companies or influencers uncertain about the legal or ethical nature of an advertising message may request a voluntary, confidential, and non-binding opinion from AUTOCONTROL’s Technical Advisory Panel. A specialized Copy Advice service is available for influencer briefings.
3. Ex post oversight – advertising jury: complaints for non-compliance may be lodged by Code adherents, AEA, AUTOCONTROL, IAB Spain, public authorities, consumer or professional associations, or individual consumers. These complaints are adjudicated by the AUTOCONTROL Advertising Jury, whose decisions are binding and based on principles of independence, transparency, legality, and due process.
4. Monitoring activities: AUTOCONTROL may carry out proactive monitoring exercises to assess compliance with the Code by influencers and participating companies, either through campaign-specific reviews or general monitoring on social media platforms.

Impact on influencers, agencies and brands

The Code establishes a robust ethical and regulatory framework that has a direct impact on influencers, agencies, and brands, fostering transparent and responsible digital advertising.

For influencers, it imposes a duty to clearly and visibly disclose paid content, avoid misleading practices, and comply with legal standards, particularly when promoting regulated products or services. Special care must be taken when minors or AI-generated content are involved.

Agencies, whether representing influencers or managing campaigns, must ensure that the influencers under their management comply with the Code, include relevant contractual obligations, promote ethical practices, and implement internal review mechanisms.

Brands bear the primary responsibility for ensuring compliance. They are required to supervise campaigns, enter into agreements that include ethical commitments with influencers, and, where necessary, request pre-clearance through AUTOCONTROL’s Copy Advice system.

In sum, the Code fosters effective self-regulation, assigns clear responsibilities, and provides tools to prevent hidden advertising, safeguard consumers, and strengthen trust in the digital advertising ecosystem.

At Letslaw we specialise in this type of services as lawyers for influencers, so do not hesitate to contact us if you need advice in this regard.