Influencer Marketing Guide

As people spend more time than ever on social media, visibility on these platforms is essential for brands looking to promote their products and services. In this crowded digital space, influencers offer brands access to highly engaged audiences who trust their recommendations – trust that makes them powerful drivers of purchasing decisions. 

Such influence has prompted increased scrutiny as governments and regulators seek to ensure that consumers are not misled and can clearly identify when they are being advertised to. Yet the legal framework for influencers remains in flux in most jurisdictions. This creates significant challenges for brands, influencers and agencies attempting to run cross-border campaigns in a legally compliant manner. Where legal requirements are not met, the consequences faced by both influencers and brands who engage them are increasing in variety and significance. 

The third edition of our Influencer Marketing Guide, prepared by DLA Piper's Global Advertising and Marketing Law team, provides a freshly updated overview of the legal framework for influencer marketing in 32 jurisdictions around the world. This edition has been expanded to include brand new chapters on Brazil, Luxembourg, Nigeria, Portugal and Romania and features an interactive contents page and map for easy navigation.

The guide will help organisations: 

• understand when influencer content will be regulated as advertising under local laws; 

• navigate disclosure and labelling requirements for influencer-generated content; 

• comprehend the consequences of non-compliance, including potential penalties; and 

• identify the legal risks of influencer partnerships, helping brands and agencies mitigate exposure and maintain compliant marketing strategies. 

This guide is not a substitute for legal advice, nor is it intended to be an exhaustive guide to all rules and regulations relating to influencer marketing in the jurisdictions covered, or to cover all aspects of the legal regimes surveyed, such as specific sectoral requirements. Rather, it aims to simplify what are often complex provisions into a more manageable summary and to highlight areas of potential concern. 

Should you have further questions relating to any of the content in the guide, please reach out to the editors or the contacts indicated in the relevant jurisdiction chapter.