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\u2019s something that can\u2019t be ignored: the legal framework.<\/p>\n
If you collaborate with brands, run giveaways, or promote products on your channels, there are rules<\/strong> you need to follow. Being a \u201cdigital creator\u201d doesn\u2019t mean you\u2019re under the radar. And no, not everything goes.<\/p>\n When you talk about a brand and receive something in return\u2014money, products, discounts\u2014you\u2019re doing advertising. And that commercial relationship must be clearly disclosed<\/strong>. It\u2019s easy to think that if you\u2019re not getting paid, you don\u2019t need to mention it, but that\u2019s 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<\/strong>.<\/p>\n The rule is clear: you have to use the words \u201cadvertising\u201d or \u201cad.\u201d Not \u201ccollab,\u201d not \u201cthanks to,\u201d and not any other vague expression. It has to be obvious and visible. It doesn\u2019t matter if it\u2019s a Story, a Reel, a long-form video, or a photo post. And yes, you have to repeat the disclosure every time.<\/p>\n The CNMC (Spain\u2019s 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<\/strong>. The current recommendation is clear: when in doubt, say it\u2019s advertising. Don\u2019t place it at the end, don\u2019t hide it, and don\u2019t replace it with euphemisms. Be clear. The more transparent you are, the fewer problems you\u2019ll have.<\/p>\n Also, the updated Code of Conduct for influencers<\/a> 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\u2014now it\u2019s enough for there to be a commercial relationship, even if the brand doesn\u2019t exercise editorial control<\/strong>.<\/p>\n Don\u2019t 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\u2019s not properly justified, sanctions may follow.<\/p>\n To protect themselves, many brands now include clauses in their contracts stating that it is the influencer\u2019s duty to properly disclose advertising<\/strong>. But that doesn\u2019t 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.<\/p>\n 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.<\/p>\n Measures are also being taken against platforms like Temu and Shein for aggressive practices<\/strong> 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<\/strong>.<\/p>\n 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\u2014especially when they have a large audience and generate significant income.<\/p>\n From certain thresholds onward, influencers must register as audiovisual service providers<\/strong>. This involves obligations like storing content for at least six months and meeting transparency standards. Not everyone is affected, but it\u2019s worth knowing if your community starts to grow significantly.<\/p>\n In conclusion, creating content is great, but it also comes with certain responsibilities. If you handle followers\u2019 data, run giveaways, or promote products, you need to comply with the rules. The excuse \u201cI didn\u2019t know\u201d 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\u2019t hurt you\u2014it will actually boost your credibility and build trust.<\/p>\n If you have any questions, don\u2019t hesitate to contact LetsLaw to help you with our lawyers for influencers<\/a>.<\/p>\n <\/p> Disclosure of collaborations and sponsorships<\/h2>\n
Responsibility is shared<\/h2>\n
Consequences of not complying with the rules<\/h2>\n
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