Digital Communications and Influencer Marketing Law

We assist brands, agencies, and creators in ensuring compliance of online commercial communications, where advertising, editorial content, and relationships with platforms overlap.

Transparency in promotional messaging is now subject to systematic scrutiny by AGCM and AGCOM: making advertising recognisable is not a courtesy, but a legal obligation subject to sanctions.

We work both on the contract and on the content: defining rights, obligations, and responsibilities upfront helps prevent an individual post from becoming a problem.

What we do

  • Influencer marketing agreements — collaborations, assignment of rights, obligations, and liability of the parties.
  • Advertising transparency — recognisability of promotional content and disclosure.
  • Compliance — Consumer Code and IAP Self-Regulatory Code.
  • Relations with authorities — AGCM and AGCOM.
  • Native advertising and product placement — legal framework and transparency requirements.
  • Protection of minors — safeguards for communications directed at or involving minors.
  • Consumer Code — Legislative Decree 206/2005. Prohibits unfair commercial practices and covert advertising; it forms the basis for AGCM enforcement.
  • AGCOM Guidelines on influencers — Resolution 7/24/CONS (2024). Extends obligations similar to those applicable to media service providers to major influencers.
  • Self-regulation — IAP Code and Digital Chart. Rules on the recognisability of commercial communications, enforced by the Jury.
  • DSA — Regulation (EU) 2022/2065. Transparency obligations concerning advertising disseminated through online platforms.

How we work

Online communications are best protected upstream, through contracts and clear engagement rules, rather than downstream, once a dispute has already arisen.

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