Written by Maria Niestadt.
Influencer marketing has become a significant part of the digital economy. Influencers allow brands to reach highly targeted audiences, and their endorsements are often perceived as more authentic than direct advertising. Some consumer groups – such as younger consumers and those with lower financial literacy, lower income, or consumers who follow trends closely – are particularly receptive to this type of marketing.
The fast growth of this sector has exposed several problematic practices and regulatory challenges in the EU. Many influencers do not clearly disclose the commercial intent behind their posts, while others manipulate visibility by buying fake followers, likes or plays to inflate their perceived influence and to make more profit. Additional concerns include reinforcing unrealistic beauty standards, promoting harmful or illegal products, accelerating the spread of false and misleading claims, and exploiting kidfluencers for financial gain.
At EU level, laws relevant to influencer marketing exist but are fragmented across consumer protection, digital and audiovisual media regulation. Hidden advertising and misleading commercial practices are already prohibited, yet the responsibilities of different actors in the influencer marketing value chain are not always clear. Some EU Member States, such as France and Spain, have complemented these EU laws with national legislation, and many have issued guidance to help influencers and companies understand their legal obligations.
The European Commission has signalled its intention to address misleading influencer marketing practices in the forthcoming digital fairness act. The European Parliament and Council will play a central role in shaping this legislation once the proposal is published.
Read the complete briefing on ‘Regulating influencer marketing in the European Union‘ in the Think Tank pages of the European Parliament.