The Federal Public Service for Economics has published new guidelines for influencers. Online content creators are legally required to clearly indicate when to advertise.
“Content creators often have a lot of reach and so brands or organizations use them to include advertising messages in their content. But to the average follower of a content creator, it is not always clear what the creator thinks and what is motivated by business partnerships,” FPS economics writes†
The government service states in the letter when it considers the publication to be an advertisement. For example, a post advertises when the product or service is at the forefront and when the influencer receives benefits from it, such as money. An explicit agreement between the Influencer and the Company, such as a contract, is not required.
To make it clear that they are promoting, the creator must include a notice in their posts. This should make it clear to their audience at a glance that it is an advertisement and should be clearly visible. Also, the notification must be in the same language as the message.
FPS emphasizes that content creators who regularly advertise trademarks are considered a business and must register with Crossroads for Enterprises. Some registration details should be visible on their social media pages and websites, such as company number, company address and email address. The number of times an influencer must advertise to be considered a business is not mentioned in the message. The government service also informs us that there is a secret online advertising hotline at Economic Inspectorate†
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