We are currently experiencing a digital revolution that has changed the way consumers and companies interact, and with it, the way of advertising. Superintendencia de Industria y Comercio, has a “Guía de Buenas Prácticas en la Publicidad a través de Influenciadores” this guide, indicate the guidelines for influencers to act under current regulations and not violate the rights of consumers.

This guide has been published thanks to the discussion of whether or not the current regulations were sufficient to protect the rights of consumers against new forms of advertising, to the extent that many times the ads presented don’t reflect real opinions or experiences, or the existing commercial agreements between the advertiser and the influencer.

Consequently, Law 1480 of 2011 known as "Estatuto del Consumidor" is taken as a regulatory reference and the following recommendations are reflected:

FOR BRANDS:

1. Identify and know the general and special rules that apply to the products they market and make them known to those who provide advertising services. Not only in front of the product, but also in front of the consumer relationship.
2. Check that advertisements issued on your behalf are clearly identified as advertising, refraining from asking the influencer to hide the advertising nature of the message, your identity as an advertiser or to make it look like a spontaneous recommendation.
3. Require that the consumer be informed in a clear, precise, evident, visible and understandable way of their commercial link with the influencer.
4. Implement a policy of transparency within the framework of its advertising activities through influencers.
5. Participate in the creation, elaboration, emission and dissemination of messages by influencers.
6. Disseminate the Guía de Buenas Prácticas en la Publicidad a través de Influenciadores and make it known to those who hire for the creation, elaboration and dissemination of advertising messages.
7. Periodically review the comments and reviews of influencers and their interaction with consumers to ensure that the message you want to send is being received as such.

FOR INFLUENCERS:

1. Identify when there is a business relationship with an advertiser. In those messages that are presented on video, it must be declared on different occasions so that there is no room for interpretation.
2. Require the advertiser or the agency that hires their services to indicate what are the guidelines to fully identify the message as advertising.
3. Refrain from advertising when the advertiser suggests hiding the commercial nature of the message.
4. Refrain from passing off an advertising message as a natural and spontaneous one that arises from your experience.

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