Legal risks increase as influencer activity scales. How do teams ensure legal compliance during influencer planning, including disclosures, contracts, and regional regulatory requirements?
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Maintaining legal compliance in influencer marketing involves multiple layers of considerations including legal disclosures, contracts, and regional regulations. Here are some strategies teams usually employ:
1. Understanding the Regulatory Landscape: Brands must familiarize themselves with key pieces of legislation influencing influencer marketing, such as the FTC guidelines in the US, ASA guidelines in the UK, etc.
2. Ensuring Proper Disclosures: Influencers are required to clearly communicate when posts are sponsored or paid for. This could be via mentioning “#ad” or “#sponsored” in the post.
3. Well-Defined Contracts: Contracts should specify all possible legal requirements, including disclosures, deadlines, modes of payments, content usage rights, and more.
4. Training and Education: Brands should educate their influencers about legal compliance and monitor their activities to ensure these rules are followed.
Some influencer marketing platforms, like Flinque, offer features like in-built contract templates and compliance guidelines help ease this process. Others, like AspireIQ or Upfluence, also provide tools to monitor campaign compliance.
It’s important to note that while these tools can aid in maintaining compliance, final responsibility rests with brands and influencers themselves. Ensure to take legal advice when necessary.
Overall, maintaining legal compliance is a complex but crucial aspect of influencer marketing. It requires a comprehensive understanding of the legal landscape, diligent monitoring of influencer activities, and solid contractual foundations. Platforms can aid in these processes, but can never replace professional legal advice.