ROLUL INFLUENCER-[MARKETING] ÎN PUBLICITATEA COMERCIALĂ
THE ROLE OF INFLUENCER-[MARKETING] IN COMMERCIAL ADVERTISING

Summary/Abstract: Influencer marketing on the internet today is a very powerful tool to change consumer preferences. Lacking any specific regulations, the obligations and restrictions applicable to the „players” on this market, although unclear and liable to cause confusion, will be governed by the common law rules applicable to marketing, special e-commerce legislation, and, very importantly, GDPR. The role of certain organizations in self-regulation also cannot be understated, especially when it comes to creating and implementing guidelines. Generally, online influencer marketing must be decent and accurate, since misleading/ subliminal advertisment (ex. advertisment that damages the respect for human dignity, public morals, exploits credulity). Breaching this obligations comes with sanctions (considerable fines) anytime such forms of advertisment can be proven. Online marketing is frequently outsourced to either an affiliated company or a third party. The author, the one that implements the advertsiment and the representative for the means of broadcasting are proffessionals, and they will have joint liability, since it is incurred during their professional activities. As the author, the person that makes the advetisment and the legal representative of the broadcasting medium (ex. web page) have joint liability, in case of any breach of legal obligations, the importance of the guidelines the aforementioned parties refer to gains significant importance. As such, the contrcts also become more and more complex. Joint liability for unlawful advertisement can occur only when influencers undertake proffessionally specific duties for their commercial entity. Should the created content not have any such connotations, the liability falls upon the creator of said content, which wil be incurred in accordance to civil liability.

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