Advertising Standards Authority signs data-sharing agreement with Competition and Consumer Protection Commission to strengthen and enhance oversight of influencer and social media advertising
The Advertising Standards Authority (ASA) has signed a data sharing agreement with the Competition and Consumer Protection Commission (CCPC) which will enable ASA to share with CCPC the details of social media influencers who are not complying with Irish advertising rules.
The agreement marks a significant step in enhancing regulatory oversight and ensuring greater accountability of influencer advertising across social media platforms.
- Going forward, ASA will be able to share information with the CCPC, including the names, social media images and the usernames of influencers who repeatedly fail to comply with the rules
- The agreement follows the publishing of new guidelines for influencers and social media advertisers by ASA and CCPC in October 2023. The guidelines provide details on the clear labelling of ads on social media, including the use of #ad on commercial content
- Influencers in Ireland must label commercial content to comply with the Consumer Protection Act 2007 (the 2007 Act) and the Advertising Standards Authority’s Code
ASA reviews trends from complaints about marketing communications which may be in breach of its Code and may also investigate individual influencer marketing content issues. The outcome of these investigations can include a request to remove or amend the post or result in a formal adjudication by the ASA Independent Complaints Council, the details of which are made available on the Advertising Standards Authority website and published in the media.
The CCPC has a range of enforcement tools to ensure that consumer protection law is adhered to, including compliance notices, fixed payment notices, undertakings, prohibition orders and prosecution.
The data sharing agreement aims to provide the best regulatory outcomes for consumers in Ireland.
We are delighted to formalise this data sharing agreement, which marks another step towards enhancing regulatory outcomes for consumers in Ireland, facilitating a strong, responsive and resilient framework for the future. Social media advertising has been a key area of our focus, and this agreement is a further strengthening of cooperation between ASA and CCPC
Consumer law protects consumers when engaging with the commercial content posted by online influencers. Commercial content from influencers must be clearly labelled as such and must also not be misleading. With the ASA, we have produced guidance for influencers to help them follow the law. This year we issued our first compliance notices against two prominent influencers. We continue to monitor this sector closely and will act where we see breaches here.