The National Commission on Markets and Competition (CNMC) has formalized three contracts with the Portuguese technology company Primetag SA, specialized in data analysis and influencer marketing, for “the preparation of a work of analysis and consultation of the audiovisual content that certain influencers publish on their profiles on video sharing platforms, in order to detect possible unidentified commercial communications,” according to the communication published this Friday in the Official State Gazette
Primetag, present in 50 countries, has submitted the best offer, out of the eight that competed, to be awarded three tenders published by the competition regulatory body in order to analyze the content of relevant figures on three platforms: Instagram, TikTok, and Youtube, whose joint remuneration will reach 32,800 euros.
The CNMC supervises compliance with audiovisual regulations by audiovisual communication service providers and the so-called users of special relevance (UER) on video sharing platforms.
These users—commonly known as ‘influencers’—are not subject to this regulation in all cases, but only when they meet certain requirements, such as reaching a significant level of income, audience, or activity established in the regulation.
In the cases recently analyzed, the CNMC has required several of these users to adapt the way they identify advertising in their content.
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“The goal is not only to correct specific behaviors but also to clarify the rules of the game and promote transparent advertising on social networks,” explains the supervisory body.
Thus, the regulation establishes that when content has a commercial purpose, it must be indicated unambiguously; the identification must appear visibly in the audiovisual content itself, as many users consume these videos without reading the description.
Likewise, according to the CNMC, expressions such as “brand ambassador,” “collaboration,” or similar can be confusing and do not always clearly identify the advertising nature of the content. To comply properly with the regulation, the indication must be “explicit, direct, and easily recognizable.”
If the video contributes to promoting a brand or product, it may have a commercial character, even if it was not foreseen in a contract or no specific payment was received, warns the body, adding that some products have additional rules, such as health products.
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