Influencer and Content Creator Agreements

Influencer collaborations are an effective promotional tool for brands, but any post that is not clearly identified as advertising may be treated as covert advertising and create liability for both the brand and the content creator. We draft and negotiate your influencer and content creator agreements, make sure posts comply with advertising rules and advise on brand management.

What is influencer advertising, and how should it be disclosed?

When a content creator posts about a product or service in return for money, products, discounts or any other benefit from a brand, that is commercial advertising. The Ministry of Trade’s Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers require such posts to be identified as advertising in a clear, comprehensible and noticeable way.

Under the Guidelines, the advertising label must appear at the start of the post, in the same language as the content and where followers can easily see it; tags such as “#ad” or “#collaboration” are used for this purpose. Labels lost among other hashtags or hidden behind a “more” link are not sufficient.

What is covert advertising?

Covert advertising is promoting a product or brand without disclosing that it is advertising, in a way that leads consumers to perceive it as an independent opinion or news, and it is prohibited. In influencer posts, covert advertising is one of the issues the Advertising Board sanctions most often.

Scope

• Advising influencers and content creators on contract negotiations, brand management and compliance with advertising law
• Drafting and reviewing advertising and influencer agreements
• Pre-publication review of post content and advertising labels
• Setting out intellectual property and usage rights in the content

How We Work

1. Defining the structure of the collaboration and the roles of the parties and the agency
2. Structuring provisions in the agreement on content approval, advertising labels, usage rights, exclusivity and termination
3. Preparing a short guide for the influencer setting the limits of content and claims
4. Reviewing posts before and after publication
5. Handling the process in the event of a complaint or Advertising Board investigation