Identifying the Commercial Nature of 'Influencer Marketing' on the Internet

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This article analyses the legal implications when traders use private individuals to promote their products on the Internet through blogs, social media, podcasts etc. The focus is on laws concerning the identification of the commercial nature of information as found in the Unfair Commercial Practices Directive and the E-Commerce Directive. In the RLvS judgment it was found that the Unfair Commercial Practices Directive does not apply to sponsored content in newspapers. In that vein, it is discussed to which extent this decision affects editorial content produced by influencers. It is also discussed to which extent influencers can be independently liable for their commercial practices and to which extent traders may be liable for activities carried out by the influencer.
Original languageEnglish
Title of host publication50 Years of Law and IT : The Swedish Law and Informatics Research Institute 1968-2018
EditorsPeter Wahlgren
Number of pages20
Place of PublicationStockholm
PublisherStockholm Institute for Scandinavian Law
Publication dateNov 2018
ISBN (Print)9789185142798
Publication statusPublished - Nov 2018
SeriesScandinavian Studies in Law

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