Many companies, even multinational, promote their products and services through influencers.
One of the main advantages for companies of choosing this promotional channel is being able to reach easily millions of people, that is the followers of the influencers. In particular, their notoriety and related persuasive power are used to guide the purchase choices of their followers, who thus assume the role of consumers. This mechanism created a market where digital promotion plays an essential role in marketing and entrepreneurial activities strategy.
Although influencers are very important for companies in social media communication, their role and the activities carried out are not regulated by a defined normative framework.
Following the big mediatic resonance of the Chiara Ferragni’ “Pandoro case”, which we talked about in this article, the need to define the activities of influencers in a clearer and transparent way has become apparent.
In January, the AGCOM published new guidelines defining the requirements, criteria, responsibilities and obligations that influencers must follow to carry out their activities.
With the same aim, a decision of the Court of Rome addressed the issue of the framing of the role of an influencer, with interesting considerations.
The decision of the Court of Rome and the requalification of influencers
Decision no. 2615 of March 4th, 2024 issued by the Court of Rome is a significant law milestone in relation to the qualification of the role of influencers in the Italian law system.
In brief, the court confirmed the results of an investigation conducted by Fondazione Enasarco in 2022, which qualifies influencers as commercial agents pursuant to art. 1742 c.c., if their activity is carried out in a non-sporadic and episodic way, that is limited to single determined business.
Moreover, the decision highlighted that the activity of the influencer under exam was not limited to a simple promotion, but also included the use of links and discount codes facilitating the direct access to the company’s e-commerce platform for which the influencer performed the promotional activity. A real agency relationship.
As a consequence, the decision under exam sentenced the company involved in the proceeding to the payment of social security contributions and benefits deriving from the resolution of the employment relationship, as well as to the fines and interests.
Conclusions
The decision of the Court of Rome appears to be the first to address the issue relating to the framing of the role of the influencer. Therefore, it cannot be ignored, especially considering the growing attention of the legislator and the fiscal authorities in relation to the world of digital promotion.
The decision under exam reflects the evolution of the market and the growing importance of influencer in companies’ marketing strategies. It imposes on enterprises to reconsider their contractual relations with influencers to comply with the regulations in force and avoid fines.
The consequences of the requalification of influencers as commercial agents are to give them more protection thanks to a clearer and uniformed regulation of the field but also an increase of the costs bore by companies, relating to the payments of social security contributions and other allowances.
In conclusion, this decision represents a significative step towards a growth and professionalization of the role of influencer, by adapting the relating activity to the regulation in force and recognizing the increasing importance of its role in the market.
Elena Bandinelli