Prawo Nowych Technologii

no. 1/2023

Gudelines of the President of the Competition and Consumer Protection Office – labelling of advertising and shared content on social media vs legal and technological doubts

Hanna Marcinkiewicz-Grzesiak
Autorka jest Partnerem w Kancelarii SKP, praktyka IP/TMT.
Abstract

Influencers, marketing agencies and advertisers should seek to ensure that their advertising and content labelling activities comply with ethics and generally applicable laws. The recommendations prepared by the CCPO, despite their lack of legal force, show what action is expected with regard to advertising on social media. Their aim is to eliminate doubts that may arise in connection with planned advertising campaigns and protect marketing entities from being accused of violating the law and being held liable for it. However, the guidelines are primarily intended to ensure that consumers can easily spot whether the material published on social media by an influencer is a sponsored content or is based on commercial collaboration, or is the creator's own opinion and is neutral. In the proceedings that are currently underway, the President of the CCPO is checking whether advertising materials are labelled on the creators' profiles, and if so, whether this is clearly and comprehensibly indicated.

Keywords
influencer marketing, Competition and Consumer Protection Office, consumer protection, influencers, advertising, sponsorship, marketing, promotion, advertising law, social media