Investigation of the Commission and consumer authorities finds that online influencers rarely disclose commercial content

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


Today, the European Commission and national consumer protection authorities of 22 Member States, Norway and Iceland released the results of a screening (“sweep”) of social media posts from influencers. The sweep found that nearly all (97%) of these influencers posted commercial content but only one in five systematically indicated that their content was advertising. The objective of the sweep was to verify whether influencers disclose their advertising activities as required under EU consumer law. Posts of 576 influencers published on major social media platforms were checked.

Findings of the sweep

  • 97% published posts with commercial content, but only 20% systematically disclosed this as advertising;
  • 78% of the verified influencers were exercising a commercial activity; however only 36% were registered as traders at national level;
  • 30% did not provide any company details on their posts, such as e-mail address, company name, postal address or registration number;
  • 38% of them did not use the platform labels that serve to disclose commercial content, such as the “paid partnership” toggle on Instagram, on the contrary, these influencers opted for different wording, such as “collaboration” (16%), “partnership” (15%) or generic thanks to the partner brand (11%,);
  • 40% of the checked influencers made the disclosure visible during the entire commercial communication. 34% of influencers’ profiles made the disclosure immediately visible without needing additional steps, such as by clicking on “read more” or by scrolling down;
  • 40% of influencers endorsed their own products, services, or brands. 60% of those did not consistently, or at all, disclose advertising;
  • 44% influencers had their own websites, from which a majority was able to sell directly.

Next steps

As a result of the sweep, 358 influencers were earmarked for further investigation. National authorities will now contact them to request that they follow the rules in place. Further enforcement action may be taken if necessary, in accordance with national procedures.

The Commission will analyse the results of the sweep also in light of the legal obligations of the platforms under the DSA and will take the necessary enforcement action as appropriate.

Problematic marketing practices illustrate the importance of having modern robust legislation that is adequate to ensure digital fairness for consumers online. This is why the results of the sweep will also feed into the Digital fairness fitness check on EU consumer law, launched in Spring 2022 by the European Commission. The purpose of this fitness check is to assess the problems that consumers face in the digital markets and to determine whether applicable EU law is sufficient to ensure a high level of consumer protection, or whether it would need targeted changes to better address these issues. 

The Fitness Check evaluates the Unfair Commercial Practices Directive, the Consumer Rights Directive and the Unfair Contract Terms Directive. It examines the adequacy of these Directives in dealing with consumer protection issues such as dark patterns, personalisation practices, influencer marketing, contract cancellations, marketing of virtual items, or the addictive use of digital products, amongst others.

Background

The following EU Member States participated in the sweep: Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden as well as Iceland and Norway. The Belgian Directorate General for Economic Inspection, having solid expertise in the field of influence marketing, took a very active role in the preparation of this sweep. 82 influencers had over 1 million followers, 301 over 100,000 and 73 between 5,000 and 100,000.

Several influencers were active on different social media platforms: 572 had posts on Instagram, 334 on TikTok, 224 on YouTube, 202 on Facebook, 82 on X (formerly Twitter), 52 on Snapchat, and 28 on Twitch.

The main sectors of activity concerned are, in decreasing order, fashion, lifestyle, beauty, food, travel and fitness/sport. 119 influencers were considered to be promoting unhealthy or hazardous activities, such as junk food, alcoholic beverages, medical or aesthetic treatments, gambling, or financial services such as crypto trading.

The Consumer Protection Cooperation (CPC) is a network of national authorities responsible for the enforcement of EU consumer protection laws. Authorities cooperate with each other to tackle infringements of consumer law impacting the Single Market. “Sweeps” are coordinated by the European Commission and carried out simultaneously by national enforcement authorities.

In 2023, the European Commission launched the Influencer Legal Hub, where influencers can find practical information on compliance with EU law.  

EU consumer law provides that commercial communications need to be transparent. In their posts, influencers should not mislead consumers with false or untruthful information on the promoted products or services that fall under the Unfair Commercial Practices Directive. Any promotion of the products or services of a brand in a post that earns its influencer revenues or other types of benefits must be disclosed as an advertising activity.

In addition, influencers who sell products or services for their own account have the same legal obligations as online shops, such as providing consumers with legal guarantees or withdrawal rights as required by the Consumer Rights Directive.

On 17 February 2024, the Digital Services Act will enter into application in the whole EU for all online platforms. The DSA harmonises obligations for all online platforms in the EU to reinforce the safety and trustworthiness of the online space. As a result, influencers uploading content need to declare whether such content contains commercial communications. Furthermore, influencers that qualify as traders need to provide information to ensure their traceability before they use an online platform to promote or offer their products or services. These obligations already apply as regards the first designated very large online platforms (such as the above mentioned Instagram, TikTok, Youtube, Facebook, X and Snapchat). Smaller platforms will have to respect these rules also as from the 17 February.

Finally, under the Audiovisual and Media Services Directive, influencers offering audiovisual content and meeting the criteria to be considered audiovisual media service providers need to comply with specific rules on audiovisual commercial communications, incitement to violence and hatred and harmful content for minors. For example, audiovisual commercial communications of influencers need to be readily recognizable and must not be prejudicial to health or safety; influencers’ content must not exploit minors’ inexperience or credulity, and must not unreasonably show minors in dangerous situations.

For More Information

Influencer Legal Hub

Previous sweeps

Consumer Protection Cooperation Network

Digital Services Act

Audiovisual and Media Services Directive

Digital fairness fitness check

Consumer Rights Directive

Unfair Commercial Practices Directive

Quote(s)

With the sprawling development of social media platforms, the influencer scene has become a full-fledged business. Today, most influencers get revenues from their posts. However, our findings show that they do not always disclose it to their followers . Influencers hold considerable sway over their followers, many of which are minors. I call on them to be much more transparent to their audience.

Didier Reynders, Commissioner for Justice


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© Unsplash/Planet Volumes A computer-generated image shows the Strait of Hormuz.

Uncertainty continues over safety in the Strait of Hormuz

This article is published in association with United Nations. Amid claims and counter-claims of strikes and confrontations in the crucial Strait of Hormuz between Iran and the United States, UN maritime officials continue to urge vessels to exercise “maximum caution”. “We are aware of the reports but do not have further details. We continue to urge […]
© ADB/Ariel Javellana Women farmers in India sell wheat grain and buy fertilizer with the proceeds.

Middle East crisis puts aid, food, fuel further out of reach for millions already struggling – UN agencies

This article is published in association with United Nations. As the Middle East crisis continues the humanitarian fallout is worsening, with aid route disruptions and food and fuel price hikes wrecking the lives and the rights of the most vulnerable people worldwide, UN agencies warned on Friday. Heightened insecurity and instability around key Gulf routes, including […]
© Unsplash/Angus Gray Ship transits through the Strait of Hormuz have dropped by over 90 per cent since the crisis escalated in late February 2026.

Hormuz crisis strangling global economy, Guterres warns, demanding solutions to end stalemate

This article is published in association with United Nations. The escalating crisis in the Strait of Hormuz could push tens of millions into poverty, trigger a surge in global hunger and even tip the world towards recession, the UN Secretary-General warned on Thursday. António Guterres decried the restrictions on free passage through the crucial chokepoint which […]
This article is published in association with United Nations.

AI in advertising risks fuelling information crisis, UN warns

This article is published in association with United Nations. With spending on advertising topping $1 trillion a year worldwide, the United Nations on Wednesday highlighted the untapped power of major brands to shape the future of Artificial Intelligence, warning that a failure to act could deepen a global information integrity crisis. In a new brief titled […]
This article is published in association with United Nations.

2015 nuclear deal ‘no basis’ for any new agreement with Iran

This article is published in association with United Nations. The 2015 nuclear accord with Iran cannot be the starting point for a new agreement with the country, the head of the International Atomic Energy Agency (IAEA) said on Wednesday in New York.  Rafael Mariano Grossi was speaking during a press conference at UN Headquarters held on […]
Credit:Unsplash)

From Hormuz to Lebanon, crisis reverberates through trade routes, upending humanitarian networks

© WHO/Hanan Balkhy In Gaza displaced families are living in overcrowded tents and makeshift shelters, surrounded by waste and debris, with limited access to safe water and sanitation services. This article is published in association with United Nations. Disruptions in the Strait of Hormuz continue to send shockwaves through global food systems, the UN Food and Agriculture […]
© UNICEF/Mohamed Zakaria A displacement centre in El Fasher, North Darfur (file).

World News in Brief: Sudan drone attacks condemned, South Sudan violence, airstrikes in Ukraine, South Africa Freedom Day

This article is published in association with United Nations. The United Nations has condemned two recent drone attacks in Sudan, one of which left seven dead, Spokesperson Stéphane Dujarric said on Monday during his regular media briefing in New York. An aid truck from the UN refugee agency (UNHCR) that was carrying emergency shelter kits came under attack by […]
© IMO/Cihancan Tunay A ship makes its way across an ocean.

Chokepoints and conflict: How the Hormuz crisis is exposing global shipping vulnerabilities

This article is published in association with United Nations. The blockading of ships in the Strait of Hormuz as a result of the conflict between the United States and Iran has demonstrated how ships and seafarers have become “leverage in geopolitical disputes,” according to the head of the UN’s International Maritime Organization (IMO). Since conflict began […]
Middle East war: After oil and gas, concerns grow over minerals crunch

Middle East war: After oil and gas, concerns grow over minerals crunch

This article is published in association with United Nations. The shipping crisis in the Strait of Hormuz caused by war in the Middle East has exposed a new threat: a looming shortage of strategic minerals that drive economies all over the world – and a race by countries to obtain them. Until war erupted on 28 […]
This article is published in association with United Nations.

Ceasefire extension offers diplomatic opening, but tensions persist in Strait of Hormuz

This article is published in association with United Nations. The United States’ decision to extend a fragile ceasefire with Iran has kept a narrow window open for diplomacy, but fresh security incidents in the Strait of Hormuz on Wednesday underscore the volatility of the situation and the risks to global shipping and regional stability. The UN […]
UN News Moreira da Silva (right), Executive Director of UNOPS on a visit to the Gaza Strip.

Strait of Hormuz: With hunger looming, life-saving fertiliser shipments cannot wait, head of UN task force says

This article is published in association with United Nations. As the Persian Gulf crisis continues, time is ticking for farmers who rely on fertilizer shipped via the Strait of Hormuz – and millions worldwide who depend on their crops, particularly in vulnerable countries such as war-torn Sudan.  In normal times, one third of global fertiliser trade […]
UN News A popular market in Khan Younis, southern Gaza Strip.

Economic collapse pushes highly educated Gazans into the ‘survival economy’

This article is published in association with United Nations. Young Palestinians in Gaza with university-level educations are setting aside dreams of putting their hard-won skills into practice and doing whatever they can to survive.  Abdullah al-Khawaja, an electrical engineering graduate displaced from Rafah to Khan Younis, now stands behind a small spice stall, having lost the […]
MONUSCO/Didier Vignon Dossou-Gbakon MONUSCO peacekeepers protect civilians in Ituri, eastern DRC.

World News in Brief: AI diagnostics, humanitarian deal for DR Congo, rights abuse allegations in Belarus, Ukraine children bear heaviest burden

This article is published in association with United Nations. New data shows that nearly three in four countries in Europe now use Artificial Intelligence in their health services to make a diagnosis. According to the UN World Health Organization (WHO) joint report with the European Union, 74% of countries in the bloc use AI tools in medical […]
© WFP The conflict in the Middle East is impacting the cost of food in many parts of the world.

Time running out on development goals as finance dries up, UN warns

This article is published in association with United Nations. Rising conflicts, the climate crisis and shrinking development finance are putting growing pressure on the poorest and most vulnerable countries – pushing development goals further off track. The warning comes in the Financing for Sustainable Development Report 2026 (FSDR), a new UN report launched on Monday, which finds […]
Ukraine’s women at breaking point after four years of war as attacks on energy, healthcare continue – UN humanitarians

World News in Brief: Myanmar amnesty, rising needs in Afghanistan, another power loss at Ukraine nuclear plant

This article is published in association with United Nations. Authorities in Myanmar released the country’s ousted president from prison on Friday, along with some 4,000 other people, as part of an amnesty to mark the traditional New Year festival. President Win Myint had been in jail since February 2021 when the military overthrew Myanmar’s democratically elected […]
UN Photo/Eskinder Debebe Siobhán Mullally, Special Rapporteur on Trafficking in Persons, especially women and children, one of the UN independent human rights experts calling for more accountability for the alleged trafficking victims in the Epstein files.

The Epstein files: Rights experts demand accountability, call for probe into trafficking allegations

This article is published in association with United Nations. UN independent human rights experts called on Thursday for justice and accountability for young women and girls who were trafficked systematically as part of allegations contained in the so-called Epstein files. The Human Rights Council-appointed experts also issued a general warning over the “continuing violence of patriarchal power systems” revealed […]
© World Bank A ship offloads its cargo at the port in Nuku'alofa, Tonga.

Middle East conflict chokes end of supply chain as lights go out in the Pacific

This article is published in association with United Nations. For Pacific Island countries, the Middle East crisis is not a distant geopolitical event. It is already showing up in higher fuel prices, electricity uncertainty and fears that communities sitting at the far end of global supply chains could be pushed into deeper economic insecurity. “We are […]
© UNICEF/Fouad Choufany The Basta neighbourhood in Beirut, Lebanon, lies in ruins.

‘Time for diplomacy over escalation’ in Middle East war: Guterres

This article is published in association with United Nations. As the war in the Middle East continues, the United Nations Secretary-General issued a passionate call for “serious negotiations” between the US and Iran to resume, warning that respect for international law “is being trampled” underfoot.  Addressing journalists at UN Headquarters in New York outside the Security […]
© IFAD/GMB Akash Prolonged disruptions to fuel and natural gas supplies could affect the global availability of fertilizers and impact crop yields. (file photo)

‘Clock is ticking’: Hormuz disruption raises fears of global food crisis

This article is published in association with United Nations. The clock is ticking for global food systems as disruptions in the Strait of Hormuz threaten to choke off the flow of fuel and crucial fertilizers needed for the next planting season – also raising the risk of higher food prices and a new wave of inflation.  […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com