The On October 1, 2025, the new Influencer Advertising Code of Conduct came into force. You may have heard it referred to as "the new influencer law in Spain," although it's actually a self-regulatory rule pushed by AUTOCONTROLthe Spanish Association of Advertisers (AEA) and IAB Spain.
For brands, the change is profound: what used to be understood as a "loophole" in collaboration with content creators no longer exists. Covert advertising, ambiguous labels or informal agreements can lead to penalties and damage the reputation of your business.
At Geotelecom we have analyzed it and prepared this practical guide so that you will know exactly what changes and what you should do from now on if you collaborate with influencers.
What changes with respect to the previous code?
1. Advertising must always be identified
The "editorial control" criterion disappears. Before, it was only considered advertising when the brand directly controlled what the influencer published. Now no longer: it is enough that there is a commercial intention (payment, gift, invitation or any other consideration) for it to be identified as advertising content.
2. Clear, visible labels at the beginning
The new code leaves no room for interpretation. Required to use terms such as "Advertising", "Paid Collaboration", "Sponsored Content" or "Paid Promotion".always visible from the beginning of the post or video. No hidden hashtags or creative euphemisms.
3. Shared Responsibility
The biggest change for brands: the onus is no longer solely on the influencer. From now on, the brand and the agency may also be sanctioned if the advertising content does not comply with the regulations.
In practice, this means that all parties involved in the collaboration must ensure that the advertising is correctly identified and complies with the law.
4. Influencers of special relevance
Creators are recognized as "users of special relevance" who:
- More than 300,000 per year as creators.
- They exceed the million followers.
These profiles must also comply with the General Law on Audiovisual Communication and Royal Decree 444/2024. But beware: even if an influencer does not meet these figures, he or she is still obliged to comply with the code.
5. New regulations for AI and minors
Influencer marketing is now more than just a picture on Instagram. The advent of generative artificial intelligence has led to code demands that clearly determine whether a piece of content was created with AI. In addition, the rules of protection are strengthened when the audience is composed of minors.
6. Training and accreditation
Influencers will have the opportunity to participate in training and certification programs to demonstrate that they are familiar with the regulations. Collaborating with certified creators will become an extra guarantee of compliance for brands.
How should you prepare your brand for the new influencer law?
This is where the change is really relevant. It's not just a matter of the influencer posting a hashtag, it's about your brand must actively manage how partnerships are made.
Review and strengthen contracts
Influencer agreements cannot be "lip service" or leave loose ends. They must include:
- The obligation to identify advertising with the required labels.
- What responsibilities each party assumes in the event of non-compliance.
- Safeguard clauses to protect your brand's image if the influencer breaches the regulations.
A well-designed contract is now as important as the creative campaign itself.
Implement internal control protocols
It's not enough to rely on the influencer to tag correctly. As a brand, you need a pre-review protocol including:
- Legal checklist before publishing.
- Definition of permitted advertising formats.
- Verification that the influencer meets requirements (audiovisual record, certification, transparency).
A simple two-page protocol can save you a lot of legal trouble.
Auditing ongoing campaigns
If you are already collaborating with influencers, check what is active:
- Are all publications correctly labeled?
- Do contracts include advertising identification clauses?
- Is there a risk that some past collaborations could be interpreted as disguised advertising?
Choose well with whom you collaborate
From now on, it is not enough to look only at the number of followers or the appearance of the influencer. It is necessary to verify before starting a collaboration:
- It must be registered in the State Registry of Audiovisual Suppliers.
- Know and understand the new influencer code of conduct.
- Have some type of training or certification in advertising regulations.
Working with qualified and trained professionals will be an investment in peace of mind.
Promoting transparency as a brand value
The new regulations do not represent a limitation, but rather an opportunity. More and more users appreciate transparency and honesty in brands.. Trust and bonding with your audience may be strengthened if you make it clear what is advertising and what is not.
Be ready for further examination
AUTOCONTROL and other entities will have more tools to receive complaints and review campaigns. This means that there will be more scrutiny on how you cooperate with influencers. The best tactic to avoid sanctions or reputational crises will be to stay one step ahead.
Make your Influencer Marketing compliant with regulations
Now that you know the basics of the new regulation, it's time to put it into practice. Your brand has the possibility to reinforce its marketing campaigns with influencers. ensuring that each collaboration complies with the rules and regulations of thebe responsible and transparent.
Not only will you be in compliance with the law by implementing the new regulations, but you will also you will project a professional and trustworthy image in an increasingly demanding environment.
Would you like us to help you to audit your social media campaigns and establish a secure framework for your collaborations with influencers? We can do it with you at Geotelecom.
