The situation today
Influencer marketing has evolved from an authentic peer recommendation form into a sophisticated tool integrated into the brand’s official marketing strategies. Originally valued for their perceived honesty and personal connection with followers, influencers all over Europe increasingly began collaborating with brands for sponsored posts, often without explicitly labeling these as paid (or gifted) content.
This shift blurred the lines between genuine endorsements and paid promotions, raising concerns about consumer protection.
In response, the EU has introduced clearer regulations to help consumers distinguish between organic content and advertising and ensure that influencers and brands maintain integrity and accountability.
What you will find in this article:
The rapid rise of social media and influencer marketing across Europe: This article summarizes the key regulations governing influencer marketing across Europe, updated to October 2024. It covers important aspects of transparency, labeling, and content regulations in countries like Poland, Hungary, France, Germany, Spain, and Italy. However, it is important to note that laws and guidelines can evolve rapidly. For the most accurate and up-to-date information, please refer to the official sources linked within the text.
>France
>Germany
>Hungary
>Italy
>Poland
>Spain
France
General Legal Framework
France’s “Loi Delaporte-Vojetta,” passed in June 2023, specifically regulates the influencer profession and strengthens oversight of influencer-brand collaborations on social media. Influencers must clearly disclose sponsored content to ensure consumer transparency. Certain products and services, like cosmetic surgery or gambling, are prohibited from being promoted.
Obligation to Label Commercial Content
Influencers must use clear disclosures such as hashtags (#sponsored, #ad, or #partenariatrémunéré) to indicate when content is paid or when they have received free products. Sponsored content should be easily identifiable by consumers.
Types of Collaborations & Labeling
Compensation, whether monetary or product-based, requires clear labeling. The ARPP (Autorité de Régulation Professionnelle de la Publicité) mandates disclosure, and the “Loi Évin,” which regulates alcohol advertising, imposes strict guidelines on promoting alcohol-related content.
Recent Developments and News
The 2023 “Loi Delaporte-Vojetta” imposes additional responsibilities on platforms like Instagram and TikTok, requiring them to enforce transparency rules for influencers. Platforms that fail to comply face penalties.
Consequences of Non-Compliance
Failure to disclose sponsored content can lead to significant fines and penalties, with increased enforcement targeting both influencers and platforms. Penalties apply for improper disclosure and the promotion of restricted products.
Special Categories
Influencers promoting products like alcohol and financial services must comply with specific advertising laws such as the “Loi Évin.” Furthermore, child influencers’ earnings are now protected under new rules, similar to those applied to child actors.
Official Source: https://www.arpp.org/
Germany
General Legal Framework
Influencer marketing in Germany is governed by various regulations, focusing on transparency, consumer protection, and specific advertising restrictions. The Medienanstalt NRW (North Rhine-Westphalia Media Authority) and the Wettbewerbszentrale (Competition Centre) guide compliance, ensuring that collaborations between brands and influencers are properly labeled and follow the law. Additionally, specific rules apply to healthcare products, prescription drugs, and the medical profession, restricting promotional content to safeguard consumer interests.
Obligation to Label Commercial Content
All collaborations involving financial or in-kind compensation must be clearly marked as advertising. Influencers are required to use visible and unmistakable labeling such as #Werbung (advertisement), #Anzeige (ad), or other appropriate tags to ensure transparency. The guidelines outlined by the Wettbewerbszentrale emphasize that the labeling should be easily identifiable and cannot be hidden within the post. The latest regulations (August 2024) further clarify that failure to label content accurately can lead to penalties.
Types of Collaborations & Labeling
Any compensation—monetary, gifts, or services—requires the content to be clearly marked as commercial. Additionally, certain sectors, such as healthcare, are subject to stricter rules. For instance, influencers cannot advertise prescription drugs or make any promises of healing (as per the Therapeutic Products Advertising Act). Doctors, if involved in content creation, must refrain from advertising specific products or pharmaceutical companies to maintain their professional integrity.
Recent Developments and News
Recent updates to German influencer marketing guidelines have stressed the importance of proper labeling and the need for influencers to understand these regulations thoroughly. Training courses for influencers, provided by the German Advertising Council (Deutscher Werberat), aim to educate content creators on their legal responsibilities before engaging in influencer marketing. These efforts aim to prevent misleading advertisements and protect consumers.
Consequences of Non-Compliance
Non-compliance with labeling requirements or advertising restrictions can lead to significant fines. Violations of the Therapeutic Products Advertising Act, particularly about unsubstantiated health claims, are taken seriously, and influencers found guilty can face penalties or legal action. Repeat offenses, especially regarding the promotion of healthcare products, may result in higher fines or legal restrictions.
Special Categories
Advertising for certain product categories, such as prescription drugs, is strictly prohibited. Additionally, influencers are not allowed to make promises of healing in relation to healthcare products. Doctors and healthcare professionals engaged in social media content creation must avoid promoting specific brands or products to comply with professional and legal guidelines.
Official Source: https://www.bundestag.de
Hungary
General Legal Framework
Influencer marketing in Hungary falls under the Unfair Commercial Practices Act (UCPA), with oversight from the Hungarian Competition Authority (GVH). Influencers must be transparent and exercise professional diligence to avoid misleading consumers or distorting their purchasing behavior.
Obligation to Label Commercial Content
Influencers must disclose any form of compensation received for promoting products or services, which includes monetary payments, free products, discounts, or services like event tickets. Commonly used hashtags like #reklám (advertisement), #szponzorált (sponsored), and #fizetettpartnerség (paid partnership) are recommended to communicate the commercial nature of a post.
Types of Collaborations & Labeling
Any financial or in-kind compensation, such as free products or vouchers, requires promotional content to be clearly labeled. Gifts or PR packages should be labeled as “gifts” upon first mention, with subsequent posts from the same brand labeled as sponsored.
Recent Developments and News
In 2022, the GVH updated its guidelines to incorporate new technological advancements and clarify the legal responsibilities of influencers and brands. Stricter consumer protection laws were introduced in 2024, with heavier fines for violations, which can reach up to 5% of annual revenue.
Consequences of Non-Compliance
Violations of influencer marketing regulations can result in significant penalties, including fines of up to 5% of annual net sales revenue. In severe cases, authorities may also temporarily block access to websites that persistently violate consumer protection laws.
Special Categories
Certain product categories, such as alcohol, tobacco, and financial products, are subject to stricter advertising regulations. Influencers promoting these items must comply with additional legal requirements.
Official Source: https://www.gvh.hu/
Italy
General Legal Framework
In Italy, influencer marketing is regulated under the Consolidated Law on Audiovisual Media Services (TUSMA), introduced in 2021, and further strengthened by new guidelines from AGCOM (Italian Communications Authority) in 2024. These rules specifically apply to influencers with at least one million followers, 24 posts annually, and a 2% engagement rate. AGCOM’s guidelines regulate transparency, protection of minors, and adherence to audiovisual advertising standards, treating certain influencers as audiovisual media service providers.
Obligation to Label Commercial Content
Influencers are required to clearly label commercial content to avoid misleading consumers. The Italian Self-Regulatory Advertising Institute (IAP), through its Digital Chart Regulation updated in 2023, mandates the use of labels such as #pubblicità (advertisement), #sponsorizzato (sponsored), or #adv in the first three hashtags of promotional content. AGCOM also requires clear and visible statements like “Sponsored by…” or “In collaboration with…” at the beginning of paid posts.
Types of Collaborations & Labeling
Compensation of any kind—monetary, products, or services—must be clearly disclosed as promotional. This includes reposted content, which should retain its original labels across all platforms. Influencers must also disclose when they earn commissions through affiliate links.
Recent Developments and News
In response to the increasing influence of content creators, AGCOM introduced new measures aimed at ensuring greater transparency in influencer marketing, especially after the Ferragni-Balocco case. The guidelines, presented by AGCOM President Giacomo Lasorella in 2024, target influencers with significant audiences, ensuring that commercial content is properly identified.
Consequences of Non-Compliance
Non-compliance with these guidelines can result in penalties of up to €600,000, with additional measures such as platform restrictions for repeat offenders.
Special Categories
Advertising for sensitive products like alcohol and gambling is subject to stricter regulations, with tobacco advertising entirely banned. Alcohol-related ads must not target minors or promote irresponsible consumption.
Official Source: https://www.agcom.it/
Poland
General Legal Framework
Influencer marketing in Poland is governed by consumer protection laws, though there are no laws specifically targeting influencer marketing. Both influencers and brands are obligated to ensure that all commercial content is properly labeled to avoid misleading consumers. The Polish Office of Competition and Consumer Protection (UOKiK) plays a critical role in regulating these practices, warning that concealing the commercial nature of content can lead to serious legal ramifications.
Obligation to Label Commercial Content
All forms of commercial content, whether paid in money, products, or services, must be distinctly labeled to differentiate them from neutral content. Common hashtags such as #reklama (advertisement), #materiałreklamowy (sponsored content), or #współpracareklamowa (paid collaboration) are required to indicate the promotional nature of a post. Two-level labeling, including both platform-specific tools like Instagram’s “Paid Partnership” feature and manual labels within the post, is recommended for transparency.
Types of Collaborations & Labeling
Any compensation received—whether financial, product-based, or service-based—requires clear labeling of the content. Gifts and PR packages must also be disclosed, with the first package labeled as a “gift” and any additional packages from the same brand requiring a “commercial content” label.
Recent Developments and News
In 2022, UOKiK introduced detailed guidelines emphasizing transparency in influencer marketing. With increasing enforcement, several influencers and brands have faced penalties for failing to disclose the commercial nature of their collaborations, marking a significant shift towards stricter regulation.
Consequences of Non-Compliance
Failure to properly label promotional content can result in fines of up to 10% of turnover for businesses or influencers involved. UOKiK is focused on preventing hidden advertising, making it essential for influencers to avoid “kryptoreklama” (hidden advertising).
Special Categories
Advertising of specific products such as alcohol, tobacco, and financial products is subject to additional legal regulations. Influencers promoting these products must ensure compliance with the applicable laws governing these areas.
Official Source: Rekomendacje Prezesa UOKIK
Spain
General Legal Framework
In Spain, influencer marketing is regulated under the General Audiovisual Communication Law of 2022, which has extended its scope to cover influencers who operate on video-sharing platforms. This law emphasizes the protection of minors and the transparent dissemination of advertising content, in line with European Union regulations. Influencers are now subject to regulations similar to those governing other audiovisual content providers.
Obligation to Label Commercial Content
Influencers are required to clearly label any commercial content, ensuring that consumers can easily differentiate between sponsored and non-sponsored material. Advertisements must be clearly marked, and content must be age-appropriate, with labeling indicating the intended audience. This includes the use of hashtags like #publicidad (advertisement) and #contenidoPatrocinado (sponsored content) to denote promotional material.
Types of Collaborations & Labeling
All forms of compensation, whether monetary, products, or services, must be disclosed as promotional content. Influencers are required to disclose not only direct financial compensation but also indirect forms like gifts or services, ensuring full transparency with their audience.
Recent Developments and News
In April 2024, the Spanish government introduced additional regulations, targeting users who generate significant income or have a large following on social media. These influencers must register with the national audiovisual registry, ensuring that their activities are transparent and regulated under the new guidelines for content creation.
Consequences of Non-Compliance
Failure to comply with these regulations can result in significant penalties, including fines and restrictions on content distribution. For influencers who fall under the category of “users of special relevance,” failure to register or follow the outlined rules can lead to legal consequences, including bans from creating content or restrictions on revenue generation.
Special Categories
Advertising of specific products, such as tobacco, alcohol, and gambling, is strictly regulated. Tobacco and related products are prohibited, while alcohol and gambling ads are restricted to certain time slots and must avoid targeting minors or promoting excessive consumption.
Official Source: https://www.autocontrol.es/
Conclusion
Staying compliant with influencer marketing regulations is crucial for brand credibility and customer trust. As laws vary across European countries, always ensure your campaigns align with local requirements. When in doubt, consult a trusted partner who understands the nuances of each market—this proactive approach can safeguard your brand and strengthen your connection with audiences.