Social commerce, influencers and live shopping

• Directive 2005/29/EC on unfair commercial practices
• Directive (EU) 2019/2161 — Omnibus
• Regulation (EU) 2022/2065 — DSA advertising transparency
• Regulation (EU) 2016/679 — GDPR, Article 27
• Regulation (EU) 2023/988 for the goods

Who has to appoint one

Brands and platforms outside the Union selling through social channels to EU consumers. Commercial intent must be disclosed clearly, and the trader remains responsible for the product obligations regardless of the sales channel.

Thresholds and exemptions

None. Even a single sponsored post is a commercial communication requiring disclosure.

What must appear on the label

Product labelling as for any consumer good, plus disclosure of the commercial nature of content. Under the DSA, advertising must be identifiable with the advertiser named, and platforms must provide repositories for very large services.

Marketplace fields

Consumer authorities across the Union have run coordinated influencer sweeps, finding widespread failure to disclose, and several have fined both brands and creators. Live shopping adds pressure-selling issues.

Documentation you must hold

Article 30 records, the Article 27 designation, product technical documentation and the responsible person mandate, influencer contracts specifying disclosure obligations, and records of the claims made in campaigns with their substantiation.

Standards and testing

Not applicable, though claims about products made in videos are treated as advertising claims requiring evidence.

Language requirements

Disclosures and product information in the language of the audience targeted.

When it applies

Disclosure at the moment of the communication. Product compliance before the goods are offered.

How long records are kept

Campaign records and substantiation for the limitation period of any action, and personal data per its own basis.

What happens if you do not comply

Consumer law penalties up to 4% of turnover in the member states concerned, DSA penalties for platforms, and product law consequences for the goods themselves. Creators are personally exposed in several member states.

Who enforces it

Consumer protection authorities through the CPC network, Digital Services Coordinators, and market surveillance for products.

Where the boundary lies

Selling through social channels does not reduce the product obligations: the GPSR information must reach the consumer before purchase, which is difficult in a live video and is exactly where enforcement focuses. Undisclosed affiliate links are a recurring finding.

Questions we are asked

Must influencers disclose paid content?

Yes, clearly and upfront. Ambiguous tags placed among hashtags have been found inadequate in several member states.

Who is responsible if the product is unsafe?

The economic operator placing it on the market. The influencer's exposure is on the advertising side, but brands cannot shift product responsibility to creators.