The EU has been tightening its regulation of the digital environment in recent years. After rules on data protection and large platforms, manipulative app design, advertising transparency and influencer marketing are now coming under scrutiny. Influencer marketing so far sits on the edge of several legal areas. Clearer rules are expected from the forthcoming Digital Fairness Act.
Although the influence of creators online is growing quickly, European law still has no clear answer for them. Responsibility is spread across consumer protection, media law and digital services regulation. The result is a fragmented system with visible gaps in user protection and in the accountability of influencers.
These gaps also weaken some key EU goals, including the protection of fundamental rights in the online environment. That is why the call for a clear and specialised regulatory framework for influencers and online influence is growing louder. And this is where Europe is still searching.
The DSA: the first major regulation of digital platforms
One of the main tools the EU has introduced in recent years is the Digital Services Act (DSA). In force since 2023, the regulation focuses above all on large online platforms such as social networks, marketplaces and apps.
Platforms must now explain why they removed content or blocked an account, and allow users to appeal the decision. The DSA also tightened the rules for online advertising. Adverts must be clearly labelled, advertising based on sensitive data such as religion or sexual orientation is banned, and targeted advertising to children is banned completely.
The regulation also bans so-called dark patterns, that is, manipulative interface design that subtly pushes users towards certain decisions. A typical example is when the “agree” button is prominent and easy to see, while refusing is hidden or hard to reach.
Influencer marketing: the area between the paragraphs
The DSA deals with influencer marketing only indirectly. The regulation works with the concept of “commercial communication” but does not mention influencers explicitly. However, a basic principle follows from EU consumer law: if an influencer is paid to promote a product or service, they must make that clear to their audience. The aim is to prevent situations where advertising looks like an authentic recommendation.
In practice, it is more complicated. An analysis of audit reports comparing eight large platforms showed differences in how each service handles the labelling of commercial content. While most platforms offer a tool for marking paid collaborations, the wording of these labels varies and sometimes does not match how influencers see the collaboration.
For example, a “paid partnership” label can be problematic when the influencer receives no money but a free product or a paid trip. If the label does not match the reality of the collaboration, influencers often do not use it.
Interestingly, according to the audits, all the platforms were assessed as compliant with the rules. But the differences in practice show that the regulation itself is not yet unambiguous.
When advertising also affects politics
European regulators are concerned about more than consumer protection. Hidden advertising on social networks can also have wider social consequences.
A frequently cited example is the situation around the 2024 presidential election in Romania. Micro-influencers on TikTok were paid to post content encouraging users to describe their ideal president, emphasising qualities associated with a far-right candidate. A large share of these posts, however, was not labelled as paid content.
More regulation is on the way
The EU is therefore preparing a new legislative step. Under the name Digital Fairness Act (DFA), the European Commission plans to present it later this year. The goal is to update European consumer law for the digital environment. The Commission wants to address above all practices that have become common in online business in recent years, from manipulative app design and addictive service design to non-transparent personalisation.
The creator economy is waiting for clearer rules
Influencer marketing is part of this discussion too. The new legislation aims at clearer rules for labelling advertising, or stricter limits on promoting certain products to minors.
Influencer marketing today sits at the intersection of several legal areas: advertising, consumer protection and digital services regulation. That is why there is still no single clear European law that regulates the creator economy as a whole. The planned Digital Fairness Act promises a solution, but its final form is still taking shape.
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