EU Prepares New Rules to Tackle Misleading Influencer Marketing
The European Commission is advancing a major legislative initiative—the “Digital Fairness Act”—to address growing concerns over consumer protection in the digital space. A central focus of this act is influencer marketing, which has seen rapid expansion but limited regulation. The new law aims to ensure transparency, fairness, and accountability across digital platforms, especially where influencers promote products or services.
According to a recent European Parliamentary Research Service (EPRS) briefing, the Digital Fairness Act will tackle several pressing issues. These include misleading influencer marketing, manipulative ‘dark patterns’ that influence consumer choices, addictive product designs, and unfair personalization practices that exploit user vulnerabilities.
Clarifying Legal Responsibilities in the Influencer Ecosystem
Legal ambiguity has plagued the influencer marketing landscape. The EPRS briefing notes that a 2024 review of EU consumer protection laws revealed “a degree of legal uncertainty” about responsibilities within the influencer value chain. The Digital Fairness Act aims to clarify these roles, ensuring that both influencers and platforms are held accountable for deceptive practices.
In addition, the European Parliament has taken a strong stance on influencer advertising. It has adopted resolutions urging the Commission to specifically regulate influencer promotions and to prohibit platforms from offering financial or material incentives for kid-focused content, often referred to as “kidfluencing.”
Widespread Non-Compliance Found in Influencer Sweep
In early 2024, the European Commission and national consumer authorities conducted a broad sweep of influencer activity across platforms like TikTok, Instagram, YouTube, Facebook, X, Snapchat, and Twitch. The findings were eye-opening:
- 97% of influencers posted commercial content
- Only 20% consistently disclosed those posts as advertisements
- 38% avoided platform-specific labels like “paid partnership”
- 30% failed to provide company details in their posts
Many influencers opted for vague language such as “collaboration” or “thanks to the brand” rather than clear disclosures. Furthermore, only 36% of those surveyed were officially registered as traders in their respective countries.
Alarmingly, one in five influencers were found promoting potentially harmful products or services, including junk food, alcohol, cosmetic procedures, gambling, and unregulated financial products like cryptocurrency.
Current Regulations Already Address Influencer Conduct—To a Point
While the Digital Fairness Act will introduce new layers of protection, several existing EU directives already apply. Under the Unfair Commercial Practices Directive, influencers are prohibited from engaging in hidden advertising. This includes failing to disclose any form of compensation—whether monetary or through free products or services.
Additionally, the Digital Services Act (DSA) mandates that platforms provide tools for users to declare commercial content. Platforms must also verify the identity of influencers operating as traders. Major platforms are further required to assess systemic risks related to illegal content and undisclosed advertising.
Preliminary findings from 2025 reveal that TikTok failed to offer transparent advertising disclosures, while Meta lacked mechanisms allowing users to report illegal or misleading content or to appeal moderation decisions.
Kidfluencing Sparks Child Protection Concerns
One of the most contentious issues under the Digital Fairness Act is the monetization of content created by or targeted toward children. Referred to as “kidfluencing,” this trend is now viewed by experts as a potential form of child labor. A 2025 study described it as “a new form of child labour, in which child’s play is monetised as work.”
Concerns include privacy violations, economic exploitation, and emotional or psychological harm. Additional research found that kidfluencers aged 7–12 often present curated versions of themselves that reflect their parents’ desires, rather than authentic self-expression.
In response, the European Parliament passed a resolution in November 2025 urging the Commission to prohibit platforms from providing monetization options for kid-centric content. Lawmakers argue that such measures are necessary to safeguard the well-being of minors in the increasingly commercialized digital landscape.
Implications for Influencers and Platforms
As the EU moves forward with the Digital Fairness Act, both influencers and platforms will face increased scrutiny. Transparent disclosure of advertising, identity verification, and content moderation will become legal obligations rather than best practices.
For influencers, this means adjusting their content strategies to ensure full compliance with EU regulations. For platforms, it will require systemic changes to their algorithms, reporting tools, and monetization models.
The Digital Fairness Act represents a significant shift in how the EU governs the digital economy. By addressing influencer marketing, platform accountability, and child protection in one legislative package, the act aims to create a safer and more transparent online environment for all consumers.
This article is inspired by content from Original Source. It has been rephrased for originality. Images are credited to the original source.