Digital Fairness Act
Source

Leaked draft · no COM or procedure number

Unofficial leaked draft of the Commission proposal · supplied 9 November 2026

Text of an unofficial leaked draft, not an adopted Commission proposal. Original wording, numbering and placeholders are preserved.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on promoting fair business-to-consumer commercial practices in the offline and digital single market, and repealing Directive 2005/29/EC (Digital Fairness Act)

Leaked draft · unofficial text

Read Article 11 in the full document

Article 11 Influencer marketing

(1)

Traders carrying out influencer marketing shall disclose the commercial intent of a communication in a clear, prominent, and unambiguous manner, taking into account the context, placement, timing, duration, communication medium, language and the target audience. Such disclosure shall be made explicit, for each commercial communication, through the terms “advertisement” or “commercial collaboration”.

(2)

Where the commercial communication referred to in paragraph 1 is placed on an online platform falling within the scope of Regulation (EU) 2022/2065, disclosure of that communication shall be made using the functionality referred to in Article 26 (2) of that Regulation.

(3)

Traders carrying out influencer marketing shall not:

(a)

include direct exhortations to minors to buy products or to persuade their parents or other adults to buy products in commercial communications;

(b)

create the impression that they are not acting for commercial purposes when they are, in particular when the relevant communications are carried out by or feature minors;

(c)

create the impression that a product is appropriate for minors when it is not.

(4)

Traders shall not carry out influencer marketing of products prohibited from being advertised to consumers under Union or national law, including products referred to in Directive (EU) 2010/13/EU.

(5)

Traders shall not carry out influencer marketing of products that are dangerous within the meaning of Article 3, point (3), of Regulation (EU) 2023/988 or other Union product legislation.

(6)

Any trader using influencer marketing services shall ensure contractually, or in the absence of a contract through other appropriate means, that the trader carrying out influencer marketing complies with the provisions of this Regulation.