Influencer marketing is no longer a grey area. The regulation that took effect on 1 August 2026 defines clear responsibilities covering both the brand and the creator.
01. Declaring the Collaboration
A post made in return for payment, product or any other benefit must be marked as advertising. The marking is expected to be visible, in the first line and legible; a tag hidden in the comments doesn't count.
02. AI-Generated Content
Content using AI-generated material, or digital characters indistinguishable from real people, must be clearly disclosed. For brands using virtual influencers this is a direct obligation.
03. Brand Responsibility
Responsibility doesn't rest with the creator alone. The brand that designed the campaign can also be held responsible for misleading content. That calls for a review of contracts and brief documents.
04. What Belongs in the Contract
Three clauses should be added to collaboration agreements: the obligation to label advertising, disclosure of AI use, and an undertaking to avoid misleading claims. Without these three, the division of responsibility stays vague.
05. Keep an Archive
Store screen captures of published content along with the publication date. When a complaint arrives, the defence is built on that archive even if the content has been deleted.
06. An Internal Check
A short pre-publication checklist costs far less than correcting afterwards. Is the label there, is the claim documented, is AI use disclosed.
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