Recently, the Code of Conduct on the use of Influencers in advertising was published by the Spanish Association of Advertisers (AEA) and the Association for the Self-regulation of Commercial Communication (AUTOCONTROL), within the framework of the Protocol signed with the Ministry of Economic Affairs and Digital Transformation and the Ministry of Consumer Affairs (2020).

Regarding the rules of application, it is noted that the binding parties are those companies that are partners of the AEA and, AUTOCONTROL, as a party that sticks to the code of conduct, as well as any particular agency, Influencer, … that voluntarily may decide to join.

The binding parties are committed to establish internal control measures that ensure compliance with this Code. An a posteriori control is foreseen, as to evaluate the degree of fulfillment of the norms of the code, whenever it is deemed necessary.

The code begins with a series of ethical standards, in particular:

– It is indicated, firstly, that all mentions or advertising content will be considered to be all mentions or content that are aimed at the promotion, if they are disclosed within the framework of collaborations or reciprocal commitments that are the object of a payment or other consideration (either a payment, free delivery of a product, tickets to events, provision of a service, gift vouchers, gift bags and travel) and the publisher or his agents exercise editorial control over the content disclosed.  Exceptions are set for content of a purely editorial nature unrelated to the advertising company and disclosures of the Influencers’ own unique initiative.

– The contents disclosed with and advertising consideration must be clearly identifiable to followers. If not, a mention must be included leaving no room for doubt. The only recommendations that the code clearly indicates, are directed to the most popular platforms and social networks. Those are:

Blogs – To include the word or identifying label in the title of the post.

Facebook – To include the word or tag in the title of the post.

Instagram – To include the word or tag in the title above the photo or at the beginning of the text displayed. If only one image is displayed, the image itself must include the word or tag at the beginning of the post. You can also use the advertising partnership tag established by the platform (“Paid partnership tag”).

Pinterest – To include the word or identification tag at the beginning of the message.

Twitter – To include the word or tag in the body of the message as a label.

Vlogs – To superimpose the word or tag while commenting on the product or service or indicate it verbally before talking about the promoted product or service.

YouTube and other video platforms, such as Musical.ly and Twitch – Overlay the word or tag while commenting on the product or service or say it out loud before talking about the promoted product or service.

Snapchat – Include the word or tag in the body of the message as a label.

– The use of indications such as “advertising”, “ad”, “in collaboration with” or “sponsored by”, “brand ambassador”, “thanks to the brand”, “brand gift”, “sponsored trip”… is recommended to identify such content and should be maintained or added when the Influencer shares or “reposts” the content in other media. The use of generic indications (such as “Colab”, “Sponso” or “sp…”) is not recommended.

– A new category of average consumer is included, being this the active and knowledgeable consumer of the new information technologies, normally attentive and informed, with sufficient capacity for the access and understanding of the digital media and the autonomy to search, discriminate and adapt the contents of the network in its process of navigation according to its tastes and interests.

It is allowed to any company or professional association of consumers and individual consumers or other entities or groups being sticked to the Code, to submit claims before the Advertising Jury.

The Code of Conduct will come into force on January 1, 2021.