Influencer marketing: updates in 2025, and what brands and influencers need to know

Influencer marketing is now a cornerstone of brand strategy, its importance ever increasing as consumers spend more time online and on social media. As the industry evolves, so do the legal issues both for influencers and the companies they collaborate with, and as we reveal in our updated Influencer Marketing Guide, 2025 has already seen major changes in numerous territories.

Italy introduces dedicated regulation for influencers

As of 24 July 2025, the Italian Communication Regulatory Authority (AGCOM) has introduced a dedicated regulatory framework for influencers through Guidelines and a Code of Conduct, applicable to influencers with at least 500,000 followers on any platform or who reach 1 million monthly views on a single platform. Recognising that influencers have editorial responsibility similar to other media service providers, the framework subjects influencers to certain provisions of the Italian Consolidated Act on Audiovisual Media Services, including rules on the protection of minors, combating hate speech, and safeguarding freedom of expression. This correspondingly heightens the liability of brands working with influencers. The framework contains prohibitions on manipulating users' trust, including the use of filters or applications altering reality without disclosure, or failure to highlight when content is advertising in an immediately recognizable way. Violations of the framework can result in fines reaching EUR250,000, increasing to EUR600,000 for serious or repeated violations.

Spain expands and clarifies influencer regulation

Spain's advertising industry self-regulatory body Autocontrol released a new code of conduct to come into effect on 1 October 2025, aimed at improving influencer marketing practices. It introduces some significant changes, including that influencer content may be considered advertising even if a commissioning advertiser does not exercise editorial control. Influencer content also can be considered advertising if the commissioning advertiser provides compensation via agencies, free product samples, event tickets, free services, gift cards, goodie bags and/or trips. Affiliate links count as compensation, and free services can include makeup or hairstyling. In addition, the new code substantially reinforces operators' obligations in relation to the duty of identifiability, and in response to market developments and new digital practices, several relevant changes are introduced to the requirements for complying with this duty (e.g. preferential use of identifiability tools provided or recommended by platforms, prohibition of ambiguous or inappropriate formulas, prominent and visible placement of advertising content indications, etc). Finally, the new code clarifies the liability regime applicable to this type of advertising, establishing that all parties involved in commercial communication will be responsible for complying with these provisions. However, a company may be exempted if it can sufficiently prove that the infringement was the result of a specific, manifest, and unforeseeable breach by the influencer of the instructions given.

France prohibits promotion of ultra-fast fashion

With the aim of reducing the environmental impact of the textile industry, a new bill adopted by the French Senate on 10 June 2025 prohibits influencers from promoting ultra-fast fashion brands and products, which involve high volumes of low-cost clothing with rapid turnover and minimal traceability. The bill is not yet in force, but once enacted, violations may result in fines of up to EUR100,000.

New Zealand regulators sharpen their focus

Regulators in New Zealand have stepped up attention towards influencers' compliance with advertising regulations specific to food, therapeutic and health products, gambling products, financial products, age-restricted products such as those containing alcohol or nicotine, and advertisements targeting children or young people. In March 2025, the Department of Internal Affairs issued its first-ever takedown notices to influencers promoting overseas gambling operators in breach of national gambling laws, with failure to comply potentially resulting in fines of up to NZD10,000 per breach.

Nigerian regulators emphasise zero-tolerance

The Advertising Regulatory Council of Nigeria (ARCON) has been particularly proactive of late, in May 2025 warning that “the era of lawless advertising is over,” signalling stricter enforcement and monitoring of advertising content, including influencer content. It reiterated that (with limited exceptions) influencers, brand ambassadors, and content creators must submit content that promotes a product/ service to ARCON for prior approval before it can be published, and emphasised a zero-tolerance policy toward misleading or scam-linked advertising. ARCON also launched a special compliance taskforce, tasked with (among other things) monitoring influencer content across social media and holding non-compliant influencers accountable.

United Kingdom regulator receives a major boost in enforcement powers

The powers of the Competition and Markets Authority (CMA) and Trading Standards received a significant boost further to provisions of the Digital Markets, Competition and Consumers Act 2024 which entered into effect from 6 April 2025. The CMA is now able to take direct action against influencers and advertisers for non-compliance with UK consumer protection laws (including those governing misleading influencer marketing), and may impose fines and require offers of compensation and redress to consumers.  Such fines can potentially run to up to 10% of the non-compliant company's global turnover in the most serious cases.

What do brands and influencers need to know?

Despite the significant regional variation, a number of key takeaways can be drawn:

• Even though it is not “traditional” advertising such as TV or print advertising, influencer content in many territories is subject to the same rules as such traditional advertising. Common influencer practices such as discount/promotion codes, affiliate links, tags, competitions, product reviews or other promotional content might all count as advertising in certain jurisdictions.
• Some territories have influencer-specific regulation, which can include requirements that influencers be registered and/or licensed to operate. Some territories also have sector-specific regulation that may apply.
• Many territories require that paid influencer content be labelled, and there is significant variation on what labels are considered sufficient, depending on local language and circumstances. Use of platform tools (such as built-in paid partnership tags) can be helpful, but don't always guarantee legal compliance.
• Often, both advertisers and influencers are held liable for non-compliant content; one cannot 'hide behind' the other.
• Regulators are watching, with notices, takedowns and penalties increasingly commonplace. Penalties for non-compliance can increasingly be significant, as can be the reputational damage.

Advertisers and marketers need to know that:

• Written agreements with influencers are strongly recommended to manage legal risks and promote compliance with law.
• However, even if there is no agreement or contract in place with the influencer, an advertiser can sometimes still be held liable for commissioned content.
• An advertiser can sometimes still be held liable for commissioned content even if they did not approve the final content before it was published.

Influencers need to know that:

• When influencer content is considered advertising, disclosure and labelling requirements will kick in, as will liability for non-compliance with laws and regulations. The scope of content that can be considered advertising is very broad, and could potentially include text, image and video content, whether live or not, and whether permanently online or not.
• Even if you don't have a formal agreement or partnership with a brand or advertiser, certain conduct can still be considered advertising, including merely reposting branded content or a “thank you” post.
• Even if you are based in just one territory, your audience might be broader. You are responsible for knowing and complying with the rules in each territory, and what is considered acceptable in one territory might not be in the next.

Brand new edition of our Influencer Marketing Guide

As the legal framework for influencer marketing remains in flux worldwide, carrying out legally compliant cross-border influencer marketing campaigns remains challenging. The Influencer Marketing Guide is designed to give an overview of the legal framework for influencer marketing in 31 jurisdictions around the world. Though not exhaustive nor a replacement for legal advice, it aims to simplify what are often complex provisions into a more manageable summary and to highlight areas of potential concern.

If you have any questions, please get in touch with the authors or your regular DLA Piper contacts.