Identifying advertising content on social media – penalties for influencers who do not cooperate with UOKiK

Today UOKiK announced that the President of UOKiK has issued six decisions fining influencers for not cooperating in an ongoing investigation. The fines do not concern crypto advertising.  

In total, the fines come to PLN 139 000.  

In autumn 2021, the President of UOKiK launched an investigation to examine the influencer market and the issue of influencers identifying content on social media. The investigation is also intended to help to draw up recommendations on how to identify content on social media as advertising. UOKiK is working on the recommendations jointly with industry organizations and marketing agencies. 

During the investigation, UOKiK looked at influencer profiles, their contracts, and their arrangements with advertisers. Sometimes the author is at fault for inadequately identifying sponsored posts, while at other times, a failure to indicate a commercial relationship may be due to the agreement concluded with an advertiser. To determine the cause of irregularities, influencers were required to send specific documents to UOKiK, or provide responses to questions posed by the regulator. Some influencers did not comply with the requirement to submit documentation, did not respond to questions, or did not collect correspondence.  

Failure to cooperate with UOKiK in an investigation can lead to a fine as high as EUR 50 m.  
The decisions are not final, and influencers may appeal them in court.