Abstract

The court practice and literature on the subject in the Member States show that recognizing an influencer as a commercial agent in the meaning of the Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States regarding self-employed commercial agents is highly probable, provided the agreement between the producer and the influencer fulfills the requirements under article 758 of the Polish Civil Code. Since one of the main purposes of the provisions of the Directive and the Polish Civil Code is the commercial agent protection, and some of them are mandatory or semi-imperative, the parties to such a contract, particularly the counterparty of the influencer, must consider additional obligations and duties, even if they do not stem from the contract itself. The subject of the article is contemplating such consequences.