The following TMT practice note produced in partnership with Daniel Reis of DLA Piper provides comprehensive and up to date legal information covering:
This Practice Note is aimed primarily at brands wishing to engage with influencers for social marketing campaigns and advertising activities in Portugal. It is intended to give an overview of the key issues relevant in Portugal, including issues to be considered when negotiating an influencer agreement. It covers:
Influencer regulation—‘commercial communications’
Sanctions and risks
Written agreements with influencers
In the last decade there has been a gradual but undeniable shift from the use of traditional media, such as TV and outdoor and print advertising to digital platforms, including social media platforms. Influencers produce digital content, frequently using social media platforms, and have the ability or potential to influence consumer habits, which make them very attractive to brands.
In Portugal, there are no specific legal rules applicable to influencers. The Portuguese regulatory authority with jurisdiction over consumer issues (Direcção-Geral do Consumidor) analysed the phenomenon of influencers, and specifically the relationship between brands and influencers, and decided in 2019 that no legislative change was necessary. It is the view of the consumer watchdog that the existing rules regarding advertising and unfair commercial practices are sufficient to adequately address the legal issues raised by the use of influencers by brands to promote their products. The Portuguese regulatory authority issued guidelines, in 2019, directed at brands and influencers.
One of the most important matters related
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