Influencer marketing: I et markedsføringsretligt perspektiv

Frederikke Ekelin Gulland-Frandsen & Mikkel Lau Dupont

Student thesis: Master thesis


Until now, cases regarding influencer marketing have been decided through the rules about disguised advertising in the Danish Marketing Law. Though this approach seem to cause some incongruence.
First, the juridical section has made an attempt to examine whether-and if when-MFL § 6, stk. 4 is applicable in the case that, an influencer receives a gift from a company, without a prior agreement. The approach is mainly the dogmatic legal analysis, and case law has been used to determine how the law should be interpreted. This thesis found, that the rule will apply for the presented influencer, but that there are in fact a grey area, in which it is doubtful that the requirements are fulfilled. Thus, in these cases, the prescribed rule about disguised advertising will not be applicable for an influencer.
Next, the economic section examines how it can be expected that an influencer will deal with a situation cf. above described, taking the consumers behaviour into account. The thesis found that it is likely, that an influencer will make a post about the gift but that they will not emphasise, how the product was obtained. The economic section concludes that this decision might not be the optimal when seeking long-term profit maximisation. This observed behaviour might be due to the fact, that humans are not rational decision-makers.
Finally, the conclusions from the juridical and economic analysis are combined in an integrated chapter, which sets out suggestions for how influencers should behave to optimize their influencer marketing strategy, given the juridical and economic challenges. It was found that people do not act rational when making decisions. Suggestions to meet the implications concluded in chapter 2 and 3 is, among other things, to make an ‘extended disclaimer’ when doing commercial posts. Furthermore an influencer can register through the Danish Media Law, which prescribes a complete separation between commercial and editorial content. This approach would have a signalling effect, and thus neutralize some of the negative effects caused by the grey area found in the juridical section. Also it would oblige the influencers to make decisions with the purpose of gaining long-term profits.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
Publication date2019
Number of pages117
SupervisorsJan Trzaskowski