Online Influencers Rarely Disclose Commercial Content

The European Commission and national consumer protection authorities of Member States, Norway, and Iceland released the results of a screening 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. The study found that 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 the national level.

The research further noticed that 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% of influencers had their own websites, from which a majority were able to sell directly.

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, following national procedures. The EC will analyze 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.