{"id":9361,"date":"2024-12-05T14:53:41","date_gmt":"2024-12-05T14:53:41","guid":{"rendered":"https:\/\/mbg.legal\/?p=9361"},"modified":"2024-12-05T14:53:42","modified_gmt":"2024-12-05T14:53:42","slug":"the-new-digital-chart-regulation-key-news-for-the-influencer-marketing-sector","status":"publish","type":"post","link":"https:\/\/mbg.legal\/en\/the-new-digital-chart-regulation-key-news-for-the-influencer-marketing-sector\/","title":{"rendered":"The New Digital Chart Regulation: Key Innovations for the Influencer Marketing Industry"},"content":{"rendered":"<p><\/p>\n\n\n\n<p>In the <strong>2016<\/strong> the Institute of Advertising Self-Discipline (IAP) has published the <strong>first version of the Digital Chart<\/strong>: guidelines designed to ensure the transparency of digital commercial communications.<\/p>\n\n\n\n<p>From the <strong>2019<\/strong> the provisions of the Digital Chart have been included in a specific Regulation, which <strong>integrates the Self-Regulation Code of Commercial Communication<\/strong>, and which all those who, directly or indirectly, adhere to the self-disciplinary system must adhere to.<\/p>\n\n\n\n<p>Over the years, the Digital Chart has become an essential tool for professionals in the <em>online marketing<\/em>, to the point that <strong>AGCOM<\/strong>, the Communications Authority, within the Guidelines addressed to <em>influencers<\/em> (Annex A to resolution no. 7\/24\/CONS), <strong>he explicitly accepted it<\/strong>.<\/p>\n\n\n\n<p>On date <strong>October 30, 2024<\/strong> the Institute of Advertising Self-Discipline (IAP), following the discussion which took place during the Technical Table for the drafting of the Code of Conduct for <em>influencers <\/em>provided for by the relevant Guidelines, has announced a <strong>updated version of the Digital Chart<\/strong>.<\/p>\n\n\n\n<p>The revision of the Regulation <strong>simplifies language and structure, improving clarity<\/strong>.<\/p>\n\n\n\n<p>First of all, it was made clear that the<strong> \u201c<em>suitable precautions<\/em>\u201d<\/strong>, necessary to demonstrate the promotional purpose of commercial communication, must be &quot;<strong><em>immediately visible, without further action by the user<\/em><\/strong>\u201d. Consequently, it is not sufficient to indicate the promotional nature of, for example, a post on Instagram, by inserting one of the indicated hashtags in the description, if the user has to click on \u201c<em>other<\/em>\u201d to view it.<\/p>\n\n\n\n<p>Furthermore, regarding the structure of the Digital Chart, the existing forecasts have been divided into two sections: \u201c<em>Influencer Marketing<\/em>&quot; And &quot;<em>Other forms of digital communication<\/em>\u201d. The latter includes the hypotheses of <em>in-feed units<\/em>, <em>paid search units<\/em>, <em>recommendation widgets<\/em>, <em>in app advertising <\/em>And <em>advergame<\/em>, the regulation of which has remained unchanged compared to the previous version of the Regulation.<\/p>\n\n\n\n<p>As regards the section relating to the<em>influencer marketing<\/em>, instead, some innovations have been introduced. First of all, two hypotheses have been clearly distinguished: the cases in which both <strong>there is a client relationship between brands and influencers<\/strong> and the cases in which instead <strong>be absent<\/strong>. As regards the first hypothesis, these are now among the cases in which it is necessary <strong>specify the promotional nature of the content<\/strong>, along with posts, videos and expiring content, the <strong>audio<\/strong> (such as, for example, the <em>podcast<\/em>). In this case, the advertising purpose of the message must be declared both in the <strong>description<\/strong> both to <strong>voice<\/strong> at the beginning of the broadcast. Still in relation to the reporting of paid content, the possibility of <strong>also take advantage of the tools offered by the platforms themselves<\/strong> (the CDs <em>tools<\/em>), provided that these comply with the provisions of the Regulation.<\/p>\n\n\n\n<p><strong>The use of certain services <\/strong>(for example, holidays or dinners offered) by the influencer has been added to the cases in which <strong>It is necessary to point out that this experience was offered by the brand, <\/strong>even if there is no client relationship with the latter. In this case, if the influencer produces content related to the service used, he\/she must use appropriate wording to ensure transparency towards the public.<\/p>\n\n\n\n<p>On the subject of <strong><em>affiliate marketing<\/em><\/strong>, a commercial practice through which the influencer is rewarded with a percentage of the proceeds from sales connected to him, in the contents in which the discount code or the <em>link<\/em> of affiliation, must be present <strong>a specific wording<\/strong> (\u201caffiliate link + brand\u201d) and at least one <strong>hashtag <\/strong>among those already provided for by the Regulation <strong>with which to indicate the advertising nature<\/strong> of the content.<\/p>\n\n\n\n<p>Finally, the latest news concerns the <strong>self-promotions<\/strong>. In fact, it is expected that the influencer who <strong>promotes works of which he is the author or performer, or products or services distinguished by a trademark coinciding with his name, he must not insert any warning<\/strong> as what is the object of the promotion is clearly attributable to the influencer himself. In hypothesis <strong>different <\/strong>from these, they must be <strong>insert the appropriate wording<\/strong> provided for by the Regulation.<\/p>\n\n\n\n<p>Content by the Lawyer. <a href=\"https:\/\/mbg.legal\/en\/lawyers\/elisa-maria-babbini\/\" title=\"Elisa Maria Babbini\">Elisa Maria Babbini<\/a>.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>","protected":false},"excerpt":{"rendered":"<p>In 2016, the Institute of Advertising Self-Discipline (IAP) published the first version of the Digital \u2026 <a title=\"The New Digital Chart Regulation: Key Innovations for the Influencer Marketing Industry\" class=\"read-more\" href=\"https:\/\/mbg.legal\/en\/the-new-digital-chart-regulation-key-news-for-the-influencer-marketing-sector\/\" aria-label=\"Read more about The New Digital Chart Regulation: Key Innovations for the Influencer Marketing Industry\">Read more<\/a><\/p>","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"slim_seo":{"title":"Influencers or Sales Agents? A ruling by the Court of Rome raises new questions","description":"A recent ruling by the Court of Rome raised the issue, analyzing a case involving a company accused of not having paid the social security contributions required for commercial agents in relation to the compensation paid to some influencers. The category social security institution argued that the influencers in question had carried out continuous and stable promotional activity for the company, attributable to the agency contract governed by articles 1742 and following of the Civil Code."},"footnotes":""},"categories":[60],"tags":[],"class_list":["post-9361","post","type-post","status-publish","format-standard","hentry","category-lavoro-e-relazioni-sindacali","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-33"],"acf":[],"_links":{"self":[{"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/posts\/9361","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/comments?post=9361"}],"version-history":[{"count":1,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/posts\/9361\/revisions"}],"predecessor-version":[{"id":9362,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/posts\/9361\/revisions\/9362"}],"wp:attachment":[{"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/media?parent=9361"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/categories?post=9361"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mbg.legal\/en\/wp-json\/wp\/v2\/tags?post=9361"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}