[The IPKat] [Guest post] Oh my influencer! Italian rules on influencer marketing

[Eleonora Rosati]

[Guest post] Oh my influencer! Italian rules on influencer marketing

 Eleonora Rosati Monday, April 13, 2026 - Guest post, influencer marketing, influencers, Italy, Maria Cristina Michelini, trade marks

The IPKat has received and is pleased to host the following guest contribution by Katfriend Maria Cristina Michelini (Baglioni Hotels & Resorts) detailing developments in the Italian regulatory system for influencers. Here’s what she writes:

Oh my influencer! Italian rules on influencer marketing

by Maria Cristina Michelini

Kat-influencers are also a thing

Once upon a time, there were (only) influencers. Then regulators started following them.

As influencer marketing has grown exponentially in Italy and all over Europe—shaping consumer choices and blurring the line between personal opinion and commercial communication—Italian authorities have gradually stepped in to bring order to the digital arena. What has emerged is not just a set of transparency rules, but a broader requalification of influencers as regulated actors, with implications (also) for IP law.

A multi-layered framework

First of all, through its Code of Commercial Communication, the Italian Advertising Authority (“IAA”) addressed specific provisions on influencers by adopting the Digital Chart Regulation. The objective of IAA is straightforward, yet ambitious: ensuring transparency and fairness in digital commercial communication.

IAA’s self-regulation is only one piece of the puzzle though: Italy has introduced a dedicated legal framework for influencers, which marks a turning point. As of July 24, 2025, the Italian Communication Regulatory Authority (“AGCOM”) established new rules on influencers through its Guidelines (adopted with Regulation No. 7/24/CONS, then amended by Regulation No. 197/25/CONS) and Code of Conduct (adopted with Regulation No. 197/25/CONS as well).

The latest legal news in this field of law is represented by AGCOM regulation No. 197/25/CONS, by means of which the activities carried out by influencers fall within the scope of the provision of audiovisual media services, if they meet the requirements set out in Directive (EU) 2018/1808 as incorporated into the Italian Legislative Decree No. 208/2021 (“TUSMA”). This is because influencers, while creating, selecting and organizing the content they disseminate, exercise, under certain conditions, an editorial responsibility that is essentially comparable to that of on-demand audiovisual media services.

Lastly, on 16 March 2026, AGCOM published supporting documents for Resolution No. 197/25/CONS: namely, Annex A – Regulatory Framework and Procedural Guidelines (a technical and legal overview of the sources, obligations and procedural requirements relating to influencer marketing activities and addressed at professionals); Annex B – Summary FAQs for influencers (an operational and detailed guidance on advertising disclosure – e.g., labels, hashtags, platform-native tools, placement and practical examples by format).

The ultimate effect? This triggers the application of the TUSMA with obligations including: (i) clear and immediate disclosure of commercial intent (e.g., “advertisement”, “sponsored by”); (ii) compliance with rules on protection of minors and fundamental rights; (iii) respect for IP.

IP perspective

This regulatory shift has direct implications from an IP perspective. Influencer content typically combines multiple protected elements – videos, music, images, trade marks and third-party materials – raising complex issues of ownership of IP rights, infringement and – very often – counterfeiting.

From a trade mark perspective, the use of brand names, logos or distinctive signs in influencer content may give rise to infringement or unfair competition claims, particularly where such use creates a likelihood of confusion as to commercial origin, affiliation or endorsement. This risk is further amplified in cases involving counterfeits, where influencers may contribute—intentionally or not—to their dissemination. Such conducts could support illegal activities and expose followers to safety risks and legal problems, as well as eroding lawful sales and damaging the reputation of luxury businesses (along with considerations concerning unlawful exploitation of workforce in some cases).

Copyright issues are equally significant. As influencers are increasingly assimilated to providers of on-demand audiovisual media service, Article 32 of TUSMA requires influencers to ensure that any content incorporating third-party works is properly authorized, otherwise this may trigger liability under Italian Law No. 633 of 22 April 1941 concerning the protection of copyright and related rights, regardless of the platform used.

And what about the platforms?

Influencers are not alone in the regulatory arena. Pursuant to TUSMA, video-sharing platforms, for their part, shall provide tools to identify and flag sponsored content, as well as adopt measures to ensure compliance with advertising rules.

However, responsibilities remain distinct. Influencers bear editorial responsibility for their content, while video-sharing platforms, as defined by the TUSMA, do not bear such responsibility for videos disseminated through their service. That said, AGCOM may intervene against platforms where necessary, including by ordering the removal of unlawful content under Decision No. 298/23/CONS. In short: parallel tracks, complementary enforcement.

What’s up in the European Union?

Influencer marketing as such is not covered by a dedicated EU law: it rather falls under a patchwork of legislative provisions, including in the field of consumer protection law, the Unfair Commercial Practices Directive (which addresses practices such as hidden advertising - e.g. Article 7(2) UCPD regards a failure to disclose the commercial intent of a trader as a misleading omission), the Digital Services Act (which indirectly regulates influencer marketing on online platforms - e.g., Article 26 of the DSA obliges online platforms to provide their users, influencers included, with functionalities to declare commercial communications, ensuring users can clearly identify advertising in real time) and the e-Commerce Directive (Article 6 states that any commercial information must be clearly identifiable as such). These laws target certain practices such as hidden advertising and misleading commercial practices.

Against such backdrop, Italy is not alone in regulating influencer marketing: as the first EU Member State to adopt a dedicated law on influencers, France introduced Law n° 2023-451, aimed at regulating commercial influence and combating abuse by influencers on social networks who target French users. Amongst others, it requires that sponsored or paid posts are clearly, legibly and understandably disclosed as commercial content.

Conclusions

The Italian framework suggests a broader evolution in how legal systems approach the creator economy.

Influencers are no longer perceived merely as marketing intermediaries, but rather as hybrid actors operating at the intersection of media law, IP law and platform regulation.

As a result of all regulatory interventions described above, influencer marketing has moved beyond a system of “best practices”. What was once a largely self-regulated space is now governed by a structured, multi-level legal framework, aligning influencers – at least in certain cases – with traditional media operators.

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