Spain’s“Influencer” law: What do you need to know?

The General Law on Audiovisual Communication (LGCA) in Spain, known as the "influencer law," introduced several key provisions to regulate influencers and digital content creators.

But what is an ‘influencer?’

An Adecco survey of young Spaniards recently suggested that the influencer profession is the fifth most desired in the country. And in 2023 Spain had more than 9,000 professional content creators, defined as those with profiles having more than 100,000 followers. According to the Real Academia Española, “influencer is an anglicism used in reference to a person with the capacity to influence others, mainly through social networks”.

So that covers many different industries, roles and activities - but what does the law say?

The LGCA, introduces comprehensive provisions that affect influencers, streamers, and YouTubers who have substantial economic activity in Spain or target a Spanish audience. Key aspects include obligations to differentiate advertising from editorial content, the introduction of parental control mechanisms to protect minors, and stringent penalties for non-compliance, which can range from €10,000 to €150,000.

Additionally, the establishment of a State Register for Influencers and Streamers by the Comisión Nacional de los Mercados y la Competencia (CNMC) aims to bring organization and classification to the digital content landscape based on various criteria. Furthermore, the Spanish Government, in collaboration with the Spanish Advertisers Association and Autocontrol, has developed a Code of Conduct for influencer advertising to ensure transparency and fairness.

These measures are designed to enhance accountability and transparency in the rapidly growing influencer industry, ensuring that digital content creators adhere to the same standards as traditional media. This development could have far-reaching implications for content creation, advertising, and the broader digital economy in Spain, impacting how influencers operate and how brands engage with them.

Key points to consider:

• The law applies to any service provider established in Spain or those with a stable link to the Spanish economy, even if they do not work in Spain or any EU Member State.

• It covers influencers using satellite capacity belonging to Spain or targeting a Spanish audience, including streamers and YouTubers

• Users with significant income from economic activities and editorial responsibility for content must comply with additional obligations.

• They are required to protect minors through parental control mechanisms, differentiate between advertising and editorial content, and adhere to specific guidelines

• Non-compliance with the law's obligations can lead to penalties ranging from 10,000 euros to 150,000 euros, depending on the severity of the violation

• The Spanish Government, along with the Spanish Advertisers Association and Autocontrol, has published a Code of Conduct on the use of influencers in advertising.

• This code sets rules for companies regarding influencer marketing practices, ensuring transparency in advertising and compliance with specific guidelines.

These provisions aim to bring transparency, accountability, and regulation to the influencer industry in Spain, aligning it with traditional media standards and ensuring fair competition within the digital landscape.

By the numbers, Remote Work Spain doesn’t quite qualify as “influential” yet - though our following is growing all the time.

You’ll find details of all our collaborations either directly in context, or on our partners page - because transparency and disclosure matters!