The company is always responsible for its marketing, regardless of the party that it chooses to handle its marketing. Both the company and the social media influencer must ensure that their commercial cooperation will not develop into subliminal advertising.
The company engaged in influencer marketing is, under the Consumer Protection Act, responsible for stating the commercial nature of the cooperation, regardless of whether the commercial cooperation is being carried out with a professional influencer or a non-professional one.
Marketing must clearly indicate its commercial purpose and on whose behalf it is being carried out. The rule is the same regardless of what media and what methods are being used for marketing.
The consumer has the right to know when someone is trying to influence them for a commercial purpose. Marketing must be distinguished from other content to ensure that the consumer knows when given content involves commercial influence. The main rule of influencer marketing is that its commercial purpose must be clearly stated at the very beginning of the publication.
In practice, the company is fulfilling its obligation regarding the recognisability of advertising when it sets guidelines and requires the influencer to refrain from engaging in subliminal advertising.
Influence marketing refers to commercial cooperation carried out between companies and influencers (for example, bloggers and YouTubers). The influencer might receive compensation for their marketing efforts from the company in the form of money or a cash-equivalent benefit, such as clothing, a gift card or trip. Even when the compensation is not money, this is still a question of marketing.
More information on handling consumer relations
Gain in-depth insight by reading the Consumer Ombudsman’s guidelines: By complying with the guideline, companies and influencers can ensure that they comply with the Consumer Protection Act:
Influencer marketing in social media