New Version of the Digital Chart Regulation: Key Updates on Influencer Marketing

The Digital Chart

Adopted in 2016, the Digital Chart aims to ensure transparency and fairness in commercial communication within the digital environment, with a particular focus on influencer marketing. Updated regularly over the years to keep pace with market changes and new ways of interaction among brands, influencers, and social media users, the Digital Chart is now an integral part of the Italian Advertising Standards Authority’s Code of Commercial Communication.

Furthermore, its guidelines have become a fundamental reference in the advertising industry. This was recently confirmed by AGCOM, the Italian Communications Authority, which explicitly recognized the importance and role of the Digital Chart in its Guidelines published on January 16, 2024, to ensure influencers comply with the provisions of the Audiovisual Media Services Law (TUSMA). These guidelines mandate influencers to adhere to the Digital Chart.

 What are the updates in the revised version?

The updated version of the Regulation introduces several key structural and lexical updates aimed at ensuring the immediate recognizability of online advertising for users. This necessity, long emphasized by authorities and legislators and explicitly acknowledged in the preamble of the new Digital Chart, has been extensively discussed within the technical panel established under AGCOM’s Guidelines to draft a code of conduct for influencers, expected to take effect early next year.

 Key Updates:

1. Greater Clarity in Brand-Influencer Relationships: The new version distinguishes and regulates more precisely the various relationships between brands and influencers, drawing a clearer distinction between endorsements involving a contractual relationship (Article 1) and those without such a relationship (Article 3).
2. Inclusion of Audio and Podcast Content: Advertising content promoted through audio and podcasts must include the terms "advertisement" or "advertising" (or equivalent terms listed in the Digital Chart) in the description. Additionally, it must be explicitly stated at the beginning of the audio content that the material is promotional.
3. Specific Reference to Platform Tools: The new Article 2 acknowledges the potential of tools offered by platforms and social media to make the promotional nature of content clear. When these tools are used in compliance with the Regulation, disclaimers in descriptions or content are not required; the tool's indication suffices.
4. Self-Promotion When the Influencer is the Brand Owner: If the content pertains to brands owned by the influencer, no disclaimers are required (Article 5). In such cases, the promotion is considered self-evident, negating the need for further explanation.
5. Double Safeguards for Affiliate Marketing: If influencers receive a commission or other benefit for achieving specific outcomes for an advertiser (affiliate marketing), they must include a special hashtag (e.g., "affiliate link + brand") alongside the usual advertising-related hashtags (Article 4).

Conclusion:

The updated version of the Digital Chart Regulation provides clearer and more precise operational guidelines, addressing some interpretative ambiguities and expanding its scope to include new content and collaboration types. This advancement, also a result of collaboration between IAP and AGCOM, strengthens synergies among authorities and creates an increasingly clear and effective regulatory system for commercial communication.

Authored by Maria Luigia Franceschelli and Giulia Ghidini.