Not just hashtags and adv: the influencer marketing contract

Not just hashtags and adv

The figure of the influencer now needs no introduction, and, unlike in the early days, is currently a favorite job outlet for many. In fact, having resonance and influence for a vast circle of subjects - diversified by categories and centers of interest - acquires a power not only in the media, but also in the economy. In fact, it is not only a question of being more or less known or known by a pool of users, but the breadth of the target audience becomes the key to monetizing one's online business and becoming the object of desire for brands and large companies. brands.

Would you like to take this path too? Or are you a brand or an agency that works with influencers?

It will be important then that you pay particular attention to the aspects that hide behind this particular profession, the fruit of the digital age. So let's see how the relationships between these subjects are regulated and what are the peculiarities of the influencer marketing contract.

1. Who are the subjects involved?

The first and central figure is take into consideration is that of the influencer, included in the macro-category of "Digital Content Creators".

For some time we have wondered exactly what kind of activity an influencer could perform and very often we wondered if this activity was considered to all intents and purposes a job: today more than ever, however, the change is tangible! The creation of digital content is no longer a simple hobby: in fact, such content is now also recognized by law as true works of genius and, as such, they are protected.

Immediately connected to the figure of the influencer, then, we find that of the agent or agency, or the person who deals with managing the relationships between the influencer and the brands, through the organization of the subject activities of the contracts and obligations to be respected by both parties. This figure, therefore, acts as an intermediary in the professional relationships between influencers and brands, looking for figures who have such a "social" power as to be able to market their products or services commercially.

2. Which pitfalls behind the influencer marketing contract?

But how are the relationships between these subjects regulated?

This should happen through the preparation of specific contracts, which are particular of their kind, so much so that many experts of the sector bring them back to the category of atypical contracts.

Given the lack of a certain legislative reference, the principle of the parties' negotiating autonomy in force in this case, it is important to keep in mind what are the essential elements that this type of contract must have in order to protect the interests of all the parties involved.

Credit: Unsplash.com The constitutive elements of the contract will therefore be defined, providing for ima if this relationship will take place between the influencer and the company directly, or if there will be the intermediary of an agency, which regulates everything.

As regards the activities that the influencer will have to carry out for the brand / company, must be punctually regulated:

- the duration of the agreement;

- the quantity and timing of the contents to be created and published;

- use of hashtags and compliance with the regulations on advertising communications;

- the specific provision of remuneration;

- the behavioral rules and the style that the influencer must keep for the dissemination of the "message" of the brand in question.

These elements are then accompanied by some more stringent and problematic forecasts, such as:

- preventive control of the brand on the contents of the influencer;

- exclusivity clause of the relationship between brand and influencer - which must have a clear time limit, product category and east geographic extension;

- clause of exemption from the responsibility of the brand for improper or illegal behavior of the influencer.

3. Focus on Brand reputation and the role of the influencer

From the point of view of brand reputation, the technological means used by influencers can represent a double-edged sword.

On the one hand, in fact, conveying the product of a brand through channels such as social networks, under in the eyes of thousands and sometimes millions of followers, it allows the brand in question to acquire considerable fame or - should this step be overcome - consolidate its image and expand.

On the other hand, however, the brand decides to rely on a subject who will be the spokesperson of his image and his ideals, not having an absolute guarantee of the actual behavior that this subject will hold. Precisely on this aspect it is important to foresee, also contractually, the obligations of the influencer, the violation of which will determine concrete and even significant consequences.

For example, penalties, even considerable ones, could be foreseen against the 'influencer and the indemnification clauses of the company for any damage caused by the influencer's activity.

Peculiar, then, is the possible forecast of the cd "Disaster recovery plan". In these cases, the brand, for the eventuality that on the occasion of the advertising campaign or the influencer activity there is little feedback or "media cases" are created, provides a real "rescue plan", with the purpose of containing any damage, paying an additional fee to the influencer who will accept this provision.

4. Focus on the Code of Ethics of Digital Content Creators

Given the affirmation of the activity of the 'influencer as a real profession, the need was felt to regulate some fundamental aspects related to the work of this figure: thus the Code of Ethics for the Digital Content Creator was born, published by the Igersitalia Association in 2020.

This Code is designed and aimed purely at those who professionally carry out the activity of creating multimedia content and essentially provides that everything is governed by a contract, which presupposes an economic remuneration in favor of the Creator.

The Code, in fact, lists the fundamental requirements that must exist if the activity of the Creator - therefore also of the influencer - is to be regulated by means of a collaboration contract.

In addition to constitutive elements of the contract, the Code also delineates rules of conduct that the Creator should respect both in the relationship with the client and in general during the performance of its activities, which by their nature imply the contact of the same with a public mainly composed of "consumers".

From this point of view, therefore, the Code provides that the Creator:

- does not damage in any way the image and reputation of the client (brand reputation);

- guarantees the client confidentiality with regard to confidential information and company know-how of which it becomes aware;

- respects the principles and provisions of the legislation on the protection of personal data onals, should it process personal data referring to natural persons;

- comply with the disclosure obligations and the principle of transparency towards consumers, as required by the Consumer Code and the Advertising Self-Regulatory Code.

5. The influencer contract: the basis of a profession when it is well drafted

It is therefore now undeniable that the activity of influencer is in all respects a profession, which offers countless possibilities and perspectives economic sometimes very tempting. While it may seem like a job “within everyone's reach”, it is good not to forget that, as such, it is governed by specific provisions and - if done in an unwitting or unconscious way - also exposes the subject to considerable risks. On the other hand, even the brands or agencies that follow influencers in their "rise" have specific obligations.

Although it still remains an activity with peculiar characteristics, very often different from the classic disciplined hypotheses by law, the provision of an influencer marketing contract that regulates all aspects of the relationship between the aforementioned subjects in a timely manner is the key to carrying out the activity of influencer in a productive and protected manner.

If you should have If you have any doubts or would like advice on this from professionals in the sector, we recommend that you contact our partner FClex Law Firm which has been operating in the Italian market for years with the main players in the sector.