Legal blog - Internet

Regulation of Advertising and Commercial Communications in the Influencer Sector

Regulation of Advertising and Commercial Communications in the Influencer Sector

Opinion leaders, commonly referred to as influencers, have become key actors in modern communication as a result of the rapid expansion of the internet and social media.
The development of digital technologies, the widespread use of smartphones, and the global proliferation of social media platforms—such as Facebook, Instagram, YouTube, TikTok, and Twitch—have fundamentally transformed users’ content consumption habits, as well as their entertainment and purchasing behaviours. As a consequence, influencer marketing has emerged as one of the most significant and fastest-growing tools of the modern advertising market.

By way of an interesting observation, it should be noted that, from a legal perspective, the category of influencers is not limited to natural persons acting as opinion leaders. An influencer may also include a CGI or deepfake character, an animal, or even an object.

The rapid growth of this phenomenon and the intermingling of personal and commercial content on social media platforms primarily justify the need for regulation in this field. For consumers—particularly audiences younger or older than the average user—it is often not clear whether an influencer’s recommendation is based on a paid collaboration, the provision of a gifted product, or another form of material interest.

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Harmonisation of Hungarian information protection law with GDPR

In the past months, one of the most relevant news and legal topic has been that of data processing. And alas the regulation of data processing in Hungary has arrived to a new milestone on July 17th 2018, when the Hungarian Parliament adopted an amendment of Act 113 of 2011 on the Right of Informational Self-Determination and on the Freedom of Information („Info Act”). The amendment of the Info Act is supposed to implement the rules of the General Data Protection Regulation 2016/679 (April 27th 2016.) of the European Union.

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