DLA Piper today launches the third edition of its Influencer Marketing Guide, helping brands, influencers and agencies to navigate the relevant laws, regulations, and official guidance that govern influencer marketing around the world. This edition covers 31 key jurisdictions, with the addition since the last edition of Brazil, Luxembourg, Nigeria and Romania.
As people spend more time than ever on social media, visibility on these platforms is essential for brands looking to promote their products and services. In this crowded digital space, influencers offer brands access to highly engaged audiences who trust their recommendations – trust that makes them powerful drivers of purchasing decisions.
Such influence has prompted increased scrutiny as governments and regulators seek to ensure that consumers are not misled and can clearly identify when they are being advertised to. Yet, the legal framework for influencers remains in flux in most jurisdictions. This creates significant challenges for brands, influencers and agencies attempting to run cross-border campaigns in a legally compliant manner. Where legal requirements are not met, the consequences faced by both influencers and brands who engage them are increasing in variety and significance.
The guide will help organisations:
- understand when influencer content will be regulated as advertising under local laws;
- navigate disclosure and labelling requirements for influencer-generated content;
- comprehend the consequences of non-compliance, including potential penalties; and
- identify the legal risks of influencer partnerships, helping brands and agencies mitigate exposure and maintain compliant marketing strategies.
Beatrice Brunn, counsel at DLA Piper, said: “Social media platforms and content styles have evolved since we first launched our Influencer Marketing Guide, and so have laws and regulations as countries grapple with how to protect consumers in the ever-evolving digital landscape. Advertising regulators in many territories have increased their attention to influencer conduct, sending a message that influencers (and their clients) will no longer be allowed to fly under the radar.
“Ensuring compliance across jurisdictions remains a challenge, given significant variation in what labelling is considered acceptable and what regulators are focusing on. However, content concerning health and medicine, financial products, or anything involving or targeting children tends to be a focus for regulators across the board.”