Influencers and Advertising Contracts: Legal Challenges in International Digital Trade for users of special relevance

Abstract

This article examines the legal status of professional infuencers, focusing on the Spanish category of “users of particular relevance” (UER) created by Article 94 of Act 13/2022. It argues that infuencers have become key economic agents in international digital trade, operating through hybrid commercial contracts involving audiovisual content production, advertising communication and the licensing of image and intellectual property rights. These contracts are inherently cross-border, raising issues of transparency, metrics, fulfilment and applicable law. At the European level, the study analyses the role of Rome I and Brussels I bis, together with the Unfair Commercial Practices Directive (2005/29/EC) and the Audiovisual Media Services Directive (2010/13/EU). These instruments support the classification of professional infuencers as “traders” and justify subjecting them to editorial responsibility and advertising-transparency obligations similar to those of traditional audiovisual service providers. In Spain, the article dissects the criteria that determine UER status, the heightened obligations linked to advertising transparency, minor protection and registry requirements, and the regulatory tensions arising when infuencers operate from multiple jurisdictions. The article highlights a particularly sensitive point: minors may also qualify as UERs, creating unprecedented overlaps between commercial law, audiovisual regulation and child-protection standards. This raises complex legal challenges for a sector that is inherently global, fluid and economically significant.