10 golden rules for influencers to not make mistakes with brands
Some rules concern the content, the use of tags and hashtags and refer to the decisions of the Jury for advertising self-discipline and / or best practices that have become valid in the sector following some investigations by the Authority for the guarantees in communications; other rules are prescriptive and come from rules that are good to know; others are established by contract between the creator / influencer and the brand; others are the result of direct experience as legal consultants for influencers.
The ten golden rules The first golden rule is not to improvise: the influencer is a professional. Being aware of the responsibility of your business, as well as of the opportunities is the basis. The second golden rule is ... knowing the rules of the game: being aware of the relevant legislation is essential especially for brands, which should also adopt clear guidelines.
As creators of content, we come to the third and fourth rule, it is necessary to respect the fine line between creation and plagiarism and not to exploit the brand of others: you could respond civilly; conversely (fifth rule) it is necessary to protect one's brand and the intangible assets of the profession: in short, protect one's creativity with the tools that the legal system offers.
It is important to carefully negotiate the so-called "endorsement" contract, paying attention to content, clauses and any attachments: as they say, clear agreements and long friendship (sixth rule) and, once well negotiated, respect it with care (seventh rule). The heart of influencer marketing is "advertising" but care must be taken to ensure that it is transparent: the careful use of hashtags and tags is essential (eighth rule), as the case studies have shown before the advertising self-discipline jury; remember that your reputation is your asset, you must take care of it by checking if your contents / brands etc are subject to infringement by third parties (ninth rule).
Finally, the last rule: enjoy your business. Because? You are an influencer, not a corporate: being yourself is essential.
Knowing the rules of the game: which ones? The influencer does not have its own dedicated "code" but, thanks to the case histories before the advertising self-discipline jury, a framework of rules and best practices is emerging that must be complied with. The civil code dictates the rules of the so-called "endorsement" contract, which is part of the category of "atypical" contracts. There are rules for the protection of personal data, of the influencer and his followers, those for the protection of intellectual property, copyright of the creator and brands for the influencer's brand, those for the protection of fair competition and transparency in advertising.
A complex picture that however comes to life in practice between Stories, Reels and Post and in the decisions of the Jury, the Authority of Guarantees in Telecommunications and, sometimes, even in those of the courts. But shrewd influencers also mark the way for best practices, which can be replicated in guidelines of conduct, both for influencers' agencies and for brand marketing departments. \
[The ten golden rules, together with many other useful contents for content creators, marketing specialists and brands to face with creativity and responsibility a sector of the digital economy that is worth 280 million euros a year, are collected in the guide compiled by the authors of this article The right of influencers, promoted by 42talent, a partnership between IUS40 and 42LF - The innovation Law Firm, and can be downloaded for free in Italian and English at the link 42talent.it]
