instagram influencers

 theInfluencers, the best tool to reach your target audience.

Advertising through influencers. The widespread use of the communication strategy in social networks has allowed brands to reach the public in a very simple way through the so-called “Influencers”.

Consequently, we can observe more and more collaborative publications in different media where content creators and brands come together in multiple posts.

The so-called content creators or influencers are people who have a high level of credibility with the public.

They have a large number of followers in networks and / or digital media in which they interact through posts, videos, tweets, etc.

This group includes the named “Instagrammers”, “bloggers”, “Youtubers”, etc.  Their content ranges from fashion to technology, sports, cooking and art. We could say that influencers and advertising go hand in hand.


What is Influencer Marketing?

The development of social media has had a huge impact on the way we interact with brands and buy products. According to 2020 data, brand confidence has become the key to gaining loyal consumers.

Therefore, the emergence of influencers on social media is a great opportunity for brands. This tool allows them to reach their audience in a credible and less aggressive way. By collaborating with the right people, brands can create quality content and amplify their message to reach their target audience through a trusted channel.

Thanks to these strategies and their good results for brands, today many people make a living in this sector.


Code of Conduct on the use of Influencers in advertising

 However, not everything goes when it comes to advertising. Due to the professionalization and covert practices of advertising actions, being aware of this new reality and in order to ensure the promotion of responsible advertising, the Code of Conduct on the Use of Influencers in Advertising was established.

The code of conduct on the use of influencers in advertising was published on October 9, 2020 as part of the Protocol for the promotion of self-regulation in digital media and was signed by AEA, AUTOCONTROL in collaboration with the Ministry of Economic Affairs and Digital Transformation ( It finally came into force on January 1, 2021.

The main objective of this regulation is that users can identify whether the content they consume is advertising content or not.


What measures does this code of conduct establish?

As the Influencers Code itself indicates, the advertising actions of content creators are subject to the applicable legislation and in particular to the principle of authenticity or principle of identification of advertising, derived from the prohibition of surreptitious advertising contained in the legislation on unfair competition.

In short, the code of conduct states that:

  • The identification of advertising must be explicit and clear. For this purpose, the use of identification such as “Advertising”, “Sponsored by”, “Gift of…” should be used.
  • The identification of the advertisement must be maintained even when the influencer’s advertising content is shared on different profiles.
  • The advertising notice can be made verbally or in written form, as long as the follower is properly informed.
  • The notice must be visible.


AEPD fines a company for collecting personal data through sweepstakes

The Spanish Data Protection Agency has fined a company 30,000 euros for using a sweepstakes to collect e-mail addresses and then sending them unwanted messages. 

For its part, the sanctioned company was dedicated to the online sale of tickets for events and shows. The procedure was initiated by means of a complaint filed by the Consumers’ Association FACUA, which denounced the commercial promotion of this company. 

The company invited to participate in a contest in which the prize was two tickets for a concert, and in which the winners would be those who sent the largest number of email addresses of their contacts. In this way, they managed to collect 40,000 e-mail addresses.

For the AEPD, these practices constitute a form of ‘spam’. Without any prior, express and informed consent, the sanctioned company sent unsolicited commercial communications to the e-mail accounts it had collected. Therefore, they are considered fraudulent data collection and advertising techniques, which are disguised by using the consumers themselves.


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