The Consumer Ombudsman has published an updated guideline on influencer marketing in social media. The purpose of the guideline is to instruct companies and influencers on how to ensure the recognizability of marketing in social media posts.
According to consumer protection act, marketing shall clearly indicate its commercial purpose and on whose behalf the marketing is being carried out. Hidden advertising is not allowed in any form, and consumers always have the right to know when they are being influenced commercially.
”In influencer marketing, it is particularly important to pay attention to the recognizability of marketing, as influencers' published content contains both commercial and non-commercial content mixed together. Recognizability can be ensured with clear advertising labels.”
The updated guideline addresses an increaseding number of questions
At the beginning of the new guideline, there is a summary of the key instructions for labeling influencer marketing. The guideline recommends that when there is a written or verbal agreement regarding marketing, the publication should be labeled, for example, “Advertisement [Company/Brand].” When there is no agreement, but the influencer has received a product or service for advertising purposes, the publication should be labeled, for example, “Advertisement/Gifted [Company/Brand].”
The advertising label must be visible as soon as the consumer sees the publication. The label must also remain visible for the entire duration of the commercial content, and seeing it should not require, for example, clicking a “read more” button.
The guideline instructs influencers and companies to also label publications related to marketing events, certain publications not covered by collaboration agreements, advertising links and codes, as well as advertisements in the introductory texts of social media accounts.
The guideline provides instructions for labeling on Instagram, TikTok, Snapchat, The guideline provides instructions for labeling on Instagram, TikTok, Snapchat, YouTube, Twitch, LinkedIn, blogs, and podcasts. The new guideline also instructs influencers to make advertising labels onfor advertisement posts of their own companies, products, and services.
Ensuring proper labeling is part of responsible conduct
The Consumer Ombudsman urges those working in influencer marketing to familiarize themselves with the guideline and incorporate its principles into their own practices. The Consumer Ombudsman monitors how influencer marketing is labeled and may intervene in the actions of an influencer or the company commissioning the marketing if necessary.
”It is advisable to study the guideline carefully and adopt its principles as soon as possible. Clear labels and consistent practices are in everyone's interest.”
When conducting business, it is also good for the an influencer to be aware of other obligations of consumer protection legislation. The guideline encourages familiarization with materials available on the FCCA website regarding for example discount and environmental marketing, as well as liability for errors defects and delays, when the influencer sells their own products or services.
The update takes into account the wishes and comments from the industry
The Consumer Ombudsman originally published the guideline on influencer marketing in 2019. The update was necessary as influencer marketing and labeling methods have evolved with the development of the industry. The influencer marketing industry itself has also requested clarifications and additions to the guideline.
The Consumer Ombudsman has also reassessed its previous guidelines, taking into account, for example, the new case law from the EU Court of Justice regarding marketing. The guideline also considers the recent EU Digital Services Act, which imposes obligations on platforms to promote enhance the recognizability of marketing.
The Consumer Ombudsman published a draft of the updated guideline in October 2024 and requested comments from interested parties. Additionally, the Consumer Ombudsman has discussed the guideline with the industry and self-regulatory bodies. The Consumer Ombudsman received a lot of feedback on the draft, which has been used to update the guideline.
The Consumer Ombudsman will also update the guidelines for the popular influencer marketing course at KKV Campus as soon as possible. The course will be unavailable during the update period.