The EU is tightening the rules on influencer marketing. Between the Unfair Commercial Practices Directive, the Digital Services Act, and national advertising regulators, influencers face real legal risk if their brand contracts do not include proper disclosure obligations. Many brand partnership contracts are silent on exactly how and when the influencer must disclose the commercial relationship — leaving the influencer to bear the regulatory risk. Before signing, make sure the contract protects you as well as the brand.
What is a Disclosure and Advertising Compliance?
An influencer contract is a commercial agreement between a content creator and a brand (or agency) that sets out deliverables, payment, content approval processes, usage rights, and — critically — advertising disclosure obligations. In the EU, these contracts must comply with cross-border consumer protection and advertising transparency rules.
Red flags to watch for
The contract should specify exactly how sponsored content must be labelled (e.g., #ad, 'paid partnership'). Vague language like 'comply with applicable laws' shifts all compliance risk to the influencer.
If the brand approves content that lacks proper disclosure, the influencer should not bear 100% of the regulatory risk. Look for shared liability.
A brand deal for three Instagram posts should not grant the brand perpetual, worldwide rights to use your image and content across all media.
A clause preventing you from working with any 'competing' brand for 12 months — without adequate compensation — can severely limit your income.
If the brand can edit your content without approval, they may alter the message in ways that misrepresent your genuine opinion, creating Unfair Commercial Practices Directive issues.
Tying payment to sales conversions or engagement rates that depend on the brand's product quality or algorithm changes is inequitable.
Your legal rights
The Unfair Commercial Practices Directive (2005/29/EC) prohibits disguised advertising and requires clear identification of commercial communications. The Digital Services Act (Regulation 2022/2065, Art. 26) requires online platforms to ensure advertising is identifiable. National regulators enforce additional rules: France's Loi Influenceurs (2023), Germany's Gesetz gegen den unlauteren Wettbewerb (UWG), and Italy's Digital Chart by the Istituto dell'Autodisciplina Pubblicitaria. The European Commission's guidance on influencer marketing (2023) clarifies that all material connections must be disclosed clearly and prominently.
Questions to ask before you sign
- 1Does the contract specify the exact disclosure format required for each platform?
- 2Who bears liability if a regulatory authority issues a fine for inadequate disclosure?
- 3What are the content usage rights — are they limited in time, territory, and media?
- 4Is the exclusivity clause compensated, and what counts as a competing brand?
- 5Do I have the right to approve final content before publication?
- 6What happens to my content if the contract is terminated early?
- 7Is payment guaranteed regardless of content performance metrics?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.