On 3 June 2026, the Spanish National Commission on Markets and Competition (the “CNMC” or the “Commission“) issued a press release confirming that it had approved five formal notices addressed to Users of Special Relevance (hereinafter, “influencers“) for failing to properly identify commercial communications on social media. The CNMC’s actions were initiated following complaints filed by the Association of Communication Users (hereinafter the “AUC” or the “Association“).
The press release confirms that the CNMC has begun reviewing content published by influencers and exercising its supervisory powers in relation to audiovisual commercial communications. Although these proceedings have not, to date, resulted in the imposition of sanctions, they are particularly significant because they demonstrate the Commission’s effective start of enforcement in this area and provide an indication of the approach it is likely to adopt in future proceedings.
The CNMC reminds that, as clarified in its interpretative criterion IFPA/DTSA/171/24 of 24 April 2025, advertising must be identified in a manner that is clear, visible and understandable to users, and that ambiguous expressions such as “#AD,” “Brand Ambassador for…,” or “Collaboration with…” are insufficient. In some cases, influencers relied on the platforms’ built-in sponsored content labelling tools; however, the CNMC considers these measures inadequate where the disclosure is not clearly integrated into the audiovisual content itself. Accordingly, the Commission reiterates that proper identification requires the inclusion within the video itself of terms such as “advertisement” or “advertising.”
Beyond the reminder of this formal disclosure requirement, one of the proceedings—IFPA/DTSA/158/24, concerning the influencer LOLALOLITA—introduces an important new criterion regarding when content may be regarded as advertising. In the aforementioned case, the influencer published a TikTok video promoting the brand Grefusa. Both the influencer and the brand argued that the post in question did not form part of the services agreed under their collaboration, had not been requested by the brand, and had not been subject to any specific remuneration. Consequently, they maintained that the publication did not fall within the scope of Article 121 of Law 13/2022 of 7 July, the General Audiovisual Communication Act (the “LGCA“), as it had not been made in exchange for payment or other consideration.
The CNMC rejected this argument, concluding that the absence of direct remuneration or a specific contractual obligation does not, by itself, preclude content from constituting a commercial communication. According to the Commission, the content had an evident promotional purpose and could not be assessed in isolation, particularly where there was a prior and explicit commercial relationship between the brand and the influencer. In this context, content voluntarily published by an influencer with a promotional purpose may still qualify as a commercial communication, even if it has not been expressly requested or paid for by the brand.
This criterion is particularly significant for brands, agencies and influencers, as it broadens the scope of the CNMC’s assessment beyond direct payment for a specific post. The existence of an overarching collaboration, a purchase order, a framework agreement or an ongoing commercial relationship may be sufficient for the CNMC to conclude that content has a promotional purpose, provided that it contributes to promoting the brand or its products or services.
At PLANA VENTURA GARCÉS, we assist companies and individuals/influencers in complying with the legal requirements applicable to commercial communications on social media. We also help clients review and adapt their campaigns, agreements and content to ensure compliance with the CNMC’s criteria and the applicable audiovisual regulatory framework. In addition, we provide advice on the drafting and negotiation of contracts, as well as tax matters, to help review and confirm compliance with applicable tax obligations.
