11
Apr

What Is Allowed and Legal in Influencer Marketing 

The expansion of influencer marketing has taken the attention of many in the business across the world. It’s an area that has become central to almost any modern marketing strategy. It has developed significantly into a multibillion-dollar industry in its own right within a relatively short time.  

Unlike other marketing strategies, Influencer Marketing focuses on a specific target audience, namely the influencer’s followers, rather than the whole market and all future online users. Another important distinction from conventional marketing is that campaign measures are no longer immediately identifiable as such. 

In this article, we will look at what’s legal and what’s not in the realm of influencer marketing in Asia. The topic will be split into several legal agreements, which will be discussed below.  

Agreement on brand services  

Any influencer marketing campaign’s key contract, which serves as the commercial and legal foundation, comprises these agreements. The agreement layout the brand’s respective responsibilities. These agreements set out the terms by which the influencer can provide marketing services to the brand, whether through a website, an agency, or directly with the business. 

Non-disclosure agreements  

These are contracts that are used when two parties want to talk about commercial ventures that are potentially sensitive. They build a secure atmosphere for the sharing of that information by putting constraints on how that information can or may not be used, preventing the receiver of that information from using it to the detriment of the disclosing group. The law of confidence protects information, and NDAs help establish the trust required to protect sensitive and commercial info from unauthorized users. 

Ethical commitment agreements 

Ethical commitment agreements are usually brief contracts in which influencers pledge to follow a brand’s ethical policies. More prominent household name brands, in particular, have been gradually using these arrangements as a result of their global reputations. These agreements are more common for marketers than for influencers, and they are used as a safeguard to ensure that the influencer is committed to the brand’s values. 

Data protection agreements 

Data protection agreements have emerged due to increased data protection and regulation across the board, mainly due to the General Data Protection Regulations (GDPR), which took effect in May 2018. They are used to ensure that data flow between a data controller and a data processor is secured correctly in GDPR and other data protection legislation.  

The aim of GDPR and data protection legislation, in general, is to ensure that people’s data is not being used for purposes they have not consented to and/or shared with parties they are unaware of in jurisdictions where data protection laws are lacking. 

Having gone through these legal agreements, you should be able to know what’s legal and allowed in the realm of Influencer marketing. Because of these legal rights, things have been put in orderliness to ensure that both the influencers and brands are satisfied based on conceptual agreements.