In recent years, influencer marketing has become one of the most widely used channels for advertising. It creates a sense of closeness and trust, as it comes from a “real person” rather than a brand.
And this is exactly why it works so well.
But this is also where the risk lies – when the line between personal opinion and commercial communication (advertising) is not clearly defined.
What is the problem with influencer marketing?
In practice, there is an increasing number of situations where businesses work with influencers without clear rules – both in terms of content and the obligation to properly disclose advertising.
Very often, it is assumed that if the influencer is the one publishing the content, the responsibility lies entirely with them. This, however, does not reflect the actual legal framework.
When content has a commercial purpose, it must be clearly and unambiguously identified as such. Otherwise, it may be considered that the consumer has been misled.
Such concealment of the commercial intent, when it is not obvious from the context, may qualify as a misleading commercial practice by omission under Article 7(2) of the Unfair Commercial Practices Directive (UCPD), as implemented in Bulgarian law under Article 68e(2) of the Consumer Protection Act.
Moreover, the use of editorial content (which, in essence, influencer posts are) to promote a product in exchange for payment, without clearly disclosing this, is included in the so-called “black list” of commercial practices that are considered unfair in all circumstances (Annex I, point 11 UCPD; Article 68ж(11) Consumer Protection Act).
EU data: how often influencers fail to disclose advertising
The latest coordinated “sweep” carried out by the European Commission and national consumer authorities in 2023 confirms that this issue exists on a large scale.
An analysis of 576 influencers across the EU found that:
- 97% publish content of a commercial nature, but only 20% consistently disclose it;
- 30% do not provide any company details in their profiles;
- 38% do not use platform labels such as “Paid partnership”.
As a result, 358 influencers became subject to further investigations by national authorities, clearly showing that practice is lagging behind legal requirements and that the risk of enforcement is real.
Legal framework: when influencer content qualifies as advertising
These issues fall within the scope of EU and national consumer protection rules, including the prohibition of unfair commercial practices.
At EU level, the key principle under Articles 6 and 7 of the Unfair Commercial Practices Directive is that consumers must not be misled about the nature of content. If a message has a commercial purpose, this must be clearly communicated.
In parallel, with the entry into force of the Digital Services Act (DSA) in February 2024, additional obligations have been introduced for online platforms regarding transparency.
Under Article 26 of the DSA, platforms must provide functionalities that allow users (including influencers) to declare when content has a commercial nature, and ensure that such content is clearly and visibly labelled.
What’s next: new rules for influencer marketing (Digital Fairness Act)
The European Commission is currently working on a new regulatory package – the Digital Fairness Act, with a legislative proposal expected in 2026:
https://www.europarl.europa.eu/legislative-train/theme-protecting-our-democracy-upholding-our-values/file-digital-fairness-act
It is expected to directly address practices such as hidden advertising, misleading interface design and so-called “dark patterns”.
This is a clear signal that the area will become increasingly regulated and subject to stricter enforcement.
What does this mean for businesses and influencers?
From a practical perspective, the key takeaway is that responsibility is not one-sided, but shared between businesses and influencers.
Advertisers (businesses) are responsible under the requirement of professional diligence and should take steps to ensure compliance – for example, through clear contractual clauses and guidelines.
Influencers, where acting in a professional capacity, may qualify as “traders” and bear direct responsibility.
Online platforms also have specific obligations under the Digital Services Act to provide tools for advertising disclosure.
Failure to comply creates not only reputational risk, but also legal risk.
Although there is still limited case law in Bulgaria specifically targeting influencers, the Supreme Administrative Court has consistently confirmed that online content, including social media posts, may qualify as advertising and be sanctioned if it is misleading or insufficiently transparent.
Influencer marketing is no longer just about creativity and reach.
It is part of the regulatory framework of the digital economy and falls within the scope of consumer protection and unfair commercial practices rules.
To support compliance, the European Commission has created a dedicated platform – the Influencer Legal Hub:
https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/influencer-legal-hub_en
This topic will also be part of my upcoming lecture at Balkan eCommerce Summit 2026:
https://balkanecommerce.com/gabriela-ivanova/
If you have questions related to influencer marketing, advertising disclosure, or drafting influencer agreements, you can find more about the services I offer here:
https://ivanovalegalsolutions.com/en/practice-areas/
This article is for informational purposes only and does not constitute legal advice. Each specific case should be assessed individually, taking into account its particular circumstances.
