National laws differ (see articles 5 and 6), but four EU-wide layers sit underneath them.
1. Unfair Commercial Practices Directive (UCPD, 2005/29/EC). This is the core rule: hiding the commercial intent of a post is a misleading practice. Its blacklist bans pretending you're not acting for business purposes and paying for editorial content without making that clear. The 2019 Omnibus update added bans on fake reviews. If you earn from content regularly, you're likely a "trader" under this law.
2. Digital Services Act (DSA, Regulation 2022/2065). This one is about platforms. Article 26(2) requires them to give you a way to declare commercial content, the "paid partnership" style toggle, and to label it clearly for viewers. Use it: it's there because the law requires it.
3. Audiovisual Media Services Directive (AVMSD). The 2018 revision brought video-sharing platforms into scope. Some countries (Spain, Italy, France) now treat bigger video creators like mini broadcasters (see article 6).
4. Influencer Legal Hub. Launched by the European Commission in October 2023. It has free short video trainings on disclosure and your duties. Worth 30 minutes.
Enforcement is coordinated. In an EU-wide sweep published in February 2024, authorities checked 576 influencers. 97% posted commercial content, but only 20% consistently labelled it as advertising, and 358 were flagged for follow-up.
What's next: the Commission plans a Digital Fairness Act proposal, with influencer marketing listed as a possible topic. As of August 2026 no draft had been published, and the Commission's 2026 work programme targets Q4 2026.