Spain asks the EU to put an end to the covert advertising of influencers

The initiative, driven together with Denmark and Portugal before the presentation of the Digital Equity Act, calls for new transparency obligations to distinguish independent content recommendations with commercial interest and also includes the influence generated by Artificial Intelligence.

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Elecciones 29N · Encuestas

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Media a 6 de noviembre de 2026 · 13 institutos

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Elecciones generales del 29 de noviembre · Demócrata

The Government of Spain has made a move ahead of the presentation, next Wednesday, of the so-called Digital Equity Law (DFA, for its acronym in English), with which the European Commission intends to put a stop to the “dark” designs of technology platforms. Moncloa, together with the governments of Denmark and Portugal, has submitted a document to the European Commission in which it defines this initiative as "an opportunity to advance in the protection of consumers, fair competition and trust in digital markets".

The text, which DEMÓCRATA has had access to, expressly calls for a new regulation for influencers, the design of digital markets and the protection of consumers. The three governments consider that the future regulations should ensure that users can easily distinguish the independent recommendations that appear in the algorithms of their social networks from those that respond to a commercial interest. All of this, they argue, must be accompanied by increased "transparency and accountability among the actors involved".

The proposal thus opens the door to establishing new obligations for content creators at the Community level, especially with regard to identifying promotional posts. The initiative promoted by Spain points directly to this sector by asking the Community Executive that the future legislation "address the emerging forms of commercial influence that blur the boundaries between personal recommendations". The scope of the measure would not be limited to social networks and would also be linked to entertainment and advertising, including "digital influence and that generated by Artificial Intelligence".

Influencers, under the spotlight of the new regulation

The inclusion of content creators in the document places this sector among the areas that Madrid, Copenhagen and Lisbon consider priorities for future Community intervention. The concern of the three governments lies in the growing difficulty of distinguishing between spontaneous recommendation and commercial communication, especially in digital environments in which advertising and personal content coexist in the same spaces.

The intention is that the new regulation will make it possible to strengthen the identification of the commercial interests that lie behind certain recommendations and content. In this regard, the document calls for the rules to take into account the new forms of influence that have emerged with the evolution of platforms and that do not always fit within traditional advertising mechanisms.

The explicit reference to Artificial Intelligence expands even further the scope of the initiative. Governments consider that commercial influence is no longer limited to conventional advertising formats, but extends to content and recommendations whose nature may be less apparent to consumers. For this reason, they call for future legislation to also include these new forms of promotion.

Brussels wants to intervene on the design of the platforms

After a first regulatory wave focused on setting limits for the large technology companies and after presenting the legislation with which a minimum age will be set to access social networks, the Executive led by Ursula von der Leyen wants to act directly on the patterns that are hidden in the design of the applications.

Moncloa argues that, while digital innovation offers "significant" benefits, it also allows companies to configure digital environments capable of influencing consumer behavior. The Government thus focuses on a dimension that goes beyond the information users receive and that directly affects the way platforms present their services and shape the decisions of those who use them.

"The consumer's autonomy does not depend solely on access to information, but also on how digital environments are designed and how options are presented," the document sent to Brussels states. This premise constitutes one of the central arguments of the three governments in calling for regulatory intervention that does not limit itself to ensuring transparency, but also examines the mechanisms that shape users' decisions.

The commissioner responsible for Consumer Protection, Michael McGrath, will reveal the details of the proposal next Wednesday. The initiative was among the assignments in his mission letter when he took office and also constitutes one of the priorities of the Socialist group in the European Parliament during the current legislative term.

Initially it was planned that the so-called 'Kids Act', focused on protecting minors in the digital environment, would be part of this same legislative package. However, the Community Executive ultimately chose to separate both initiatives into two blocks. The decision responds to the intention of addressing in a differentiated manner the protection of minors and that of all consumers who take part in digital markets.

Stopping addictive designs and compulsive spending

Madrid, Copenhagen and Lisbon also demand that future regulations act on the participation mechanisms commonly associated with the addictive design of platforms. The three governments warn that these tools are intended, mainly, to maximize the time users spend in digital services.

The document also points out that certain design patterns can end up encouraging "excessive or compulsive spending". The concern therefore is not limited to the time of exposure to the applications, but also extends to the consequences that certain mechanisms may have on consumers' economic decisions.

The expectations of the three governments are that the Community proposal will address personalized recommendations and the time-use adaptation mechanisms, while "ensuring a meaningful choice and control by the consumer." It is a matter of intervening on elements that, although they form part of the usual browsing experience, can condition users' ability to make decisions.

The claim thus places platform design at the center of the regulatory debate. Against an approach focused exclusively on the information that companies must provide, the three countries argue that it is also necessary to examine how digital environments are constructed and what incentives their functionalities incorporate.

Avoiding regulatory loopholes and duplications

Sources familiar with the processing of this regulation are explaining that the future Digital Equity Law will help "close regulatory loopholes and blind spots". To do so, the document submitted by Spain, Denmark and Portugal opens the door to "improving the clarity and enforceability of consumer protection rules". The three governments consider that the new legislation should serve to strengthen the existing framework without creating regulatory overlaps. The aim would be to avoid duplications between the various rules that already regulate the activity of platforms and, at the same time, prevent the emergence of new commercial practices from leaving gaps without sufficiently clear regulatory coverage.

This issue is especially relevant in an environment in which the obligations of large technology companies are distributed across different EU legislative instruments. The future DFA will have to determine how the new requirements fit within that framework and which aspects need additional intervention to ensure effective protection for consumers. In this context, Spain, Denmark and Portugal are calling on Brussels for a proposal that combines protection for users with legal certainty for economic operators. The intention is that the new obligations can be applied effectively without imposing unnecessary burdens or reproducing requirements that are already contemplated in other provisions.

"We call on the European Commission to present an ambitious and effective DFA that protects consumer autonomy, guarantees fair digital markets and generates the consumer trust that underpins Europe's competitiveness," concludes the document.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What is the current stage of parliamentary processing of the Digital Fairness Act (DFA) in the European Union, and what are the next steps for its approval?

As of November 6, 2026, the Digital Fairness Act —Digital Fairness Act, DFA— has not yet formally begun its parliamentary processing in the European Union: the European Commission has not yet submitted the legislative proposal. It is in the preparatory phase, with an indicative presentation scheduled for the fourth quarter of 2026, according to the European Parliament tracking. Therefore, there is no fixed date yet for its final approval.

What has been completed and what remains pending

The main precedent is the evaluation of European consumer legislation published by the Commission on October 3, 2024. It examined directives on unfair commercial practices, consumer rights, and abusive contractual clauses. It concluded that they remain necessary but must better address the specific risks of the digital environment, according to the Commission's evaluation.

Subsequently, the public consultation on the DFA was open from July 17 to October 24, 2025. Its contributions feed into the impact assessment and preparation of the text. The parliamentary service analysis places Article 114 of the Treaty on the Functioning of the EU, relating to the internal market, as the intended legal basis.

The designation "Law" does not yet determine its legal form: it remains to be specified whether it will be a regulation, a directive, or a set of amendments to existing rules. The preparation of the DFA should also not be confused with an already opened parliamentary negotiation.

The next steps for its approval
  1. Presentation by the European Commission. This is the immediate milestone: to approve and publish the proposal, accompanied by the impact assessment. Some sector sources place the presentation on November 11, 2026, but that date is not formally confirmed; it should be distinguished from the indicative institutional calendar for the fourth quarter.
  2. Referral to Parliament and the Council. With the proposal, the ordinary legislative procedure would begin: both institutions act as co-legislators and must agree on the same text. The Commission's presentation does not equate to the approval of the regulation.
  3. Examination in the European Parliament. The file would be assigned to the competent committee and a rapporteur appointed to prepare the report and amendments. The Internal Market and Consumer Protection Committee —IMCO— is the likely candidate, but the attribution should not be considered confirmed. Afterwards, the parliamentary position would be established.
  4. Negotiation in the Council. Simultaneously, Member States would examine the proposal and negotiate a common position. Their work would determine the scope of agreement with Parliament.
  5. Agreement between institutions. The negotiations known as trilogues —meetings between Parliament, Council, and Commission— would seek a compromise text. Any provisional agreement would then have to receive formal approval from Parliament and the Council.
  6. Publication and application. After final adoption, the act would be published in the Official Journal of the European Union. A directive would require national transposition; a regulation would be directly applicable from the date established. Entry into force and effective application may be different moments.
What schedule can be considered certain

There is not yet a complete official schedule for votes, agreement, or application. Sector forecasts pointing to the end of 2028 do not constitute an institutional commitment, as warned by the CMS legal analysis.

The practical conclusion is that the next milestone is not a parliamentary vote, but the publication of the Commission's proposal. Only then will the legal instrument, proposed obligations, and the concrete starting point of the legislative negotiation be defined.

What are the competencies and functions of the European Commissioner responsible for Consumer Protection according to EU legislation, and what has been Michael McGrath's political trajectory?

Michael McGrath has held the European portfolio for Democracy, Justice, Rule of Law, and Consumer Protection since December 1, 2024, for the 2024-2029 mandate. His responsibility is to politically lead the Commission's action in these areas, not to personally resolve consumer complaints. His previous career developed in Ireland, mainly in Parliament and economic ministries.

Competencies and functions in consumer protection

It is important to distinguish between the competencies of the European Commission, exercised within the Union's legal framework, and the priorities assigned to a commissioner. McGrath's portfolio does not constitute an independent authority: his initiatives are part of the College of Commissioners' action. The mission letter specifies his political assignments but does not replace legislation nor turn his projects into binding obligations.

His work is mainly supported by the Directorate-General for Justice and Consumers. In consumer matters, it covers the following functions:

  • Promote European legislation and policies. Prepare initiatives to update consumer protection, especially regarding e-commerce, new technologies, and vulnerable situations.
  • Monitor the application of European law. Promote compliance with common rules and coordinate actions against cross-border infringements. The Consumer Protection Cooperation Regulation structures a network of national authorities, whose action the Commission coordinates; these authorities retain their investigative and enforcement powers.
  • Protect economic interests. Combat unfair commercial practices, misleading information, and unjustified obstacles to cross-border purchases, so that rights can be exercised within the single market.
  • Strengthen product safety. Promote effective enforcement of European requirements against dangerous or non-compliant products, including those marketed online.
  • Facilitate redress. Encourage alternative dispute resolution mechanisms and collective actions that allow claims when rights are violated.

These tasks do not replace national action: many inspections, corrective measures, and enforcement actions correspond to Member State authorities. An example of this division is the coordinated action on Temu, led by national authorities under the Commission's coordination.

Mandate priorities

The Consumer Agenda 2030, presented on November 19, 2025, organizes action into four axes: access to the single market, digital fairness, sustainable consumption, and effective enforcement. It includes combating greenwashing, improving information on durability and repair, and strengthening protection against fraud.

Another assignment is to develop the Digital Fairness Act, aimed at practices such as deceptive or addictive designs, difficult-to-cancel subscriptions, and commercial exploitation of vulnerabilities, especially of minors. This project should be distinguished from already applicable rules. His portfolio also includes data protection, justice, democracy, and rule of law, areas related but not equivalent to consumer protection.

Michael McGrath's political trajectory

The official biography of McGrath records this evolution:

  • 2004-2007: elected local representative in Cork.
  • 2007-2024: member of the Irish Parliament, the Dáil Éireann.
  • 2011-2020: Fianna Fáil's chief finance spokesperson in opposition.
  • 2020-2022: Minister for Public Expenditure and Reform.
  • 2022-2024: Minister for Finance, with participation in the Eurogroup and Ecofin Council.
  • Since December 2024: European Commissioner, after appearing before the competent European Parliament committees on November 5, 2024.

His education is in economics and accounting: he holds a degree in Commerce from University College Cork and is a certified public accountant. Before his political dedication, he worked in financial management and information systems.

What legal requirements must influencers currently comply with in the EU to identify advertising content in their posts?

In the EU, influencers must allow the public to recognize clearly and immediately when a post is advertising. The obligation is not limited to paid campaigns: it can also cover gifts, trips, commissions, and promotion of their own businesses. There is no single mandatory label for the entire Union; the European framework is complemented by national rules.

1. Which rules establish the obligation

The Directive 2005/29/EC on unfair commercial practices forms the basis: hiding the commercial purpose of a recommendation can be a misleading omission. The Commission's guidelines explain its application to influencer marketing.

The Directive 2010/13/EU on audiovisual media services, amended by Directive 2018/1808, requires audiovisual commercial communications to be recognizable and prohibits covert advertising. Its application to the creator depends on the characteristics of their activity and national legislation: not all influencers are subject to the same audiovisual regime.

2. Which posts must be identified

According to the Commission's Influencer Legal Hub, the commercial relationship must be transparent when the promotion is linked to compensation. This includes:

  • Payments and sponsorships for posting or mentioning a brand.
  • Free products, services, trips, or experiences offered in a promotional relationship.
  • Affiliate links and discount codes that generate commissions or other benefits.
  • Own products or services, when promoted as a commercial activity and that purpose is not obvious.

Not receiving money or signing a contract does not automatically remove the obligation. Conversely, not every spontaneous opinion about a personal purchase constitutes advertising: the commercial purpose and relationship with the brand matter.

3. How the identification must appear
  • In each commercial post: a general warning in the biography is not enough, even if the collaboration is ongoing.
  • From the first contact: it must be visible without opening "see more" or searching among numerous hashtags.
  • With unequivocal language: "Advertising," "Ad," or "Paid collaboration with [brand]" are clear formulas. The language must be understandable to the audience.
  • Adapted to the format: in images, videos, and stories, it must be legible and remain long enough to be perceived. Each promotional fragment must be recognizable as such.

Expressions like "thanks to the brand," "ambassador," "collaboration," or #gifted may be insufficient on their own. Merely mentioning or tagging the company is also not enough. For affiliation, a transparent formula is: "Advertising: I may receive a commission for this link."

4. What role platforms have

The Digital Services Act, Regulation (EU) 2022/2065, adds transparency obligations for platforms. It does not replace the creator's obligations. It is advisable to activate its commercial content function, but not to rely exclusively on it if the notice is not visible or understandable.

In Spain, the CNMC specifies, for those subject to the corresponding audiovisual regime, that the notice must appear within the video: placing it only in the description or using an automatic tag is not sufficient.

5. Limits and consequences

Identifying advertising does not make any ad lawful. Restrictions on medicines, tobacco, alcohol, minors, and misleading claims still apply. Authorities and sanctions depend on the country and the infringement; self-regulation codes should not be confused with laws.

Finally, initiatives to strengthen these obligations are not requirements in force merely by advertising. The request from Spain, Denmark, and Portugal regarding the future Digital Fairness Act, reported by Demócrata, should be distinguished from the currently applicable framework.

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What is the main objective pursued by the proposal submitted by Spain, Denmark, and Portugal to the European Commission regarding the Digital Fairness Act?

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What concern do the three governments express regarding the design of digital platforms?

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