Digital economy

Rules and investments: influencer marketing enters adulthood

More transparency in advertising messages and a more defined professional framework. Content creator economy grows, worries Ai

by Camilla Colombo

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

influencer marketing is at a crossroads. On the one hand, the maturity of a sector that has become an integral part of the advertising system of Italian companies, with an estimated investments growing by 12% in 2026 to 550 million euros (Upa data). And a significant increase in the number of businesses active in the content creator economy, rising from around 9 thousand in 2015 to over 25 thousand in 2024, according to research conducted by InfoCamere in collaboration with the University of Padua, demonstrating that these are no longer youthful hobbies but economic activities.

On the other hand, there is the risk of suffering, if not a setback, a sort of slowdown due to the increase in the use of artificial intelligence, which generates an explosion of unentertaining and dubious content, and the growing international movement (also supported by recent court rulings in the United States and bills in several European countries, including Italia) calling for stricter controls andregulations on the use and design of social media, especially by younger users.

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Più regole per l’influencer marketing, ecco cosa cambia

Contribution profiles and sources of income

In this scenario, which is constantly evolving technologically, there is also the difficulty of defining who an influencer is, what rules he or she has to comply with and how he or she should be classified in terms of pay and contributions. "A complex contributor", the General of the Guardia di Finanza, Luigi Vinciguerra, recently defined him. Because he can be a self-employed person, with a VAT number registered in the separate management, a subordinate worker or receive income from a continuous coordinated collaboration or generate business income.

On the other hand, the filiera of the content creator economy is composed of numerous actors, from influencers to brands, from agencies to global platforms (with all the complexities arising from different tax regimes and national regulations), from accountants to lawyers to the public, the users subscribed to social media. While on the remuneration side, sources of income may come from sponsorship fees, commissions, adv sharing, image licensing, direct sales of products or services, subscriptions.

The turning point of 2025 and the birth of Ace

Providing clarity, as last year's highlights, the Ateco code 73.11.03 - influencer marketing activities, which was introduced on 1 January 2025 and came into force on 1 April 2025, and the Inps Circular 44/2025, which emphasised that when the activity of the content creator takes on characteristics that can be traced back to artistic, cultural and entertainment services, the obligation to take out insurance with the Entertainment Workers Pension Fund (ex Enpals) is triggered, even if the activity is carried out for commercial, promotional or informative purposes.

Alongside these measures, Agcom has also taken action with Resolution 197/25/Cons, which amended the Guidelines for Influencers and approved the Code of Conduct, whose legislative annexes and Faqs were published last month to facilitate the application of the rules on advertising transparency, prohibited content, and the protection of minors.

Finally, with the establishment of a single trade association - Ace, born from the merger between Aicdc and AssoInfluencer - the collaboration with Agcom was confirmed in shaping a set of shared rules and a list to which influencers must subscribe, which, on the one hand, protects consumers and, on the other, recognises the professionalism of creators and encourages them to strengthen confidence in the digital economy.

Questions and Answers

1. What are the main rules of reference?

The Audiovisual Media Services Consolidation Act (Legislative Decree 208/2021), the Consumer Code (Legislative Decree 206/2005), Agcom's Guidelines and Code of Conduct (Deliberation 197/25/Cons), Iap's Digital Chart regulation and, if applicable, the rules indicated by the platforms.

2.Who is an influencer for the purposes of Agcom's Faq? And who is a 'relevant influencer'?

An influencer (or content creator) is a subject, natural or legal person (including through virtual personas), who creates or selects content disseminated to the public via online platforms and controls its editorial choices in order to obtain consideration in money or in products, services, benefits or any other utility, or profit. A 'relevant influencer' is anyone who reaches at least 500,000 followers or one million average monthly views, on at least one platform. The 'relevant influencer' is obliged to fill in the prescribed form and register on Agcom's list, respecting the Guidelines and Code of Conduct.

3. If an influencer is below the threshold, does he/she have obligations?

Sub-threshold influencers are called upon to respect advertising transparency, fair commercial communications, protection of minors and respect for fundamental rights.

4. On the subject of advertising transparency, is there a basic rule to follow?

If content has a promotional purpose, the user must be enabled to recognise it immediately as advertising. The descriptions 'Advertising', 'Advertising', 'Adv' (also 'Adv+Brand') and equivalent immediate and unambiguous formulas are always accepted. Advertising/Adv is defined as when there is a payment or benefit (also non-cash), a promotion agreement, an affiliation/discount code or a relationship involving a benefit for the influencer or third party in return for visibility of the brand/product/service.

5. Who monitors compliance with the rules? How are penalties determined?

Agcom carries out monitoring activities and may intervene with requests for adjustments, warnings and sanctions in a manner proportionate to the seriousness of the violation, also taking into account remedial conduct and the economic conditions of the subject.

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