In the summer of 2022, influencers got more than just a sunny glow – a wake-up call from FPS Economy about aligning with the law. Even ACID, a well-known influencer, received a warning with a possible fine of up to €80,000 for not communicating his official business address on social media. The “culprit“? Information obligations for influencers in the Flemish Media Decree and the Economic Law Code.
So, what info should influencers reveal on their websites?
- Name 🧑💼
- Company number
- Branch address 🏢
- Contact information (email and phone number; on social media: two electronic contact options, including the chat function)
While the Flemish Media Regulator keeps a watchful eye under the Flemish Media Decree, FPS Economy can enforce the rules under the WER. A double watchdog if true.
Now, the sticking point: Privacy concerns! Sharing a business address may seem simple, but for influencers, this is often their home address, not a formal business location. Unlike traditional businesses, many influencers do not have a separate address for their entrepreneurial activities.
In response to several influencers’ protests, the government decided to grant them a reprieve. This gives room for finding a practical solution to align influencers with legal obligations. Former Consumer Protection Secretary Eva De Bleeker suggested that influencers could set up shop at a business center if they did not want to disclose their residential address. The problem with this solution is that the influencers are then required to effectively conduct the majority of their activities at this location.
Anno 2024: What are the rules now?
Meanwhile, the reprieve for influencers and content creators is over. Economic inspection enforces rules on deception, online marketing and business identification. Privacy-wise, one might question the appropriateness of this enforcement: many content creators have not adapted, and despite the fact that the rules emanate from the European Union, there are big differences in enforcement between European countries. For example, our neighboring countries are much more lenient in enforcing these rules.
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Are you a content creator or influencer yourself with questions about privacy or other legal obligations? Don’t hesitate to submit your questions to us!