New Code of Conduct for Influencers in Spain: What’s changing?

Many content creators, influencers and agencies are talking about the new Code of Conduct for Influencers in Spain that has just come into effect. Before you think it’s “yet another law” or that you’ll be fined for every brand collaboration, it’s important to understand what this code what it actually means and how to comply with it easily.

Spoiler: it’s not a law, but if you work with brands, create sponsored content, or publish collaborations on your social channels — you absolutely need to know about it.

What is the new Code of Conduct for Influencers?

The Code of Conduct on the Use of Influencers in Advertising is an initiative led by Autocontrol, the Spanish Advertisers Association (AEA) and IAB Spain. Its purpose is simple: to ensure transparency in commercial communication made by content creators, avoid hidden advertising, and protect consumers.

Unlike a law, this code isn’t legally binding by default — but it applies to anyone who adheres to it, or who works with brands that require compliance in their contracts. So, while it’s not a law, in practice it affects a large part of the influencer marketing and user-generated content industry.

So… It’s not a law?

Exactly. It’s not a law, it’s a self-regulation framework. However, there are actual laws in Spain that regulate influencer and content creator activities, especially when they involve commercial communication. The two key ones are Law 13/2022 and Royal Decree 444/2024.

1. Law 13/2022, General Audiovisual Communication Law

This law formally introduced the figure of the “audiovisual influencer” and requires clear identification of advertising content. It also defines obligations for creators who earn income from their posts.

2. Royal Decree 444/2024

This develops the previous law further, setting out when a creator is considered a “provider of audiovisual communication services” (for instance, if they have a regular income and a significant audience).

In short: even though the new influencer code of conduct isn’t a law, it’s based on laws that are. And if you breach the code, you can be brought before Autocontrol’s Advertising Jury, which may order you to remove or amend your content. That can have consequences for your professional reputation and brand relationships.

Who does the Code of Conduct apply to?

A common question is: “Does this affect me if I only have a small following?”. The answer is yes. The code doesn’t distinguish between macro-influencers, micro-influencers, or small creators. If you publish content and receive anything of value from a brand (money, free products, trips, services, invitations or affiliate income), you fall within the scope of the code.

Specifically, it applies to:

• Influencers, regardless of their audience size.

• Content creators, including UGC creators.

• Agencies that manage influencer campaigns.

• Brands and advertisers that collaborate with influencers.

This is important because responsibility doesn’t lie only with the influencer — brands and agencies are also liable. If a collaboration isn’t properly disclosed, both parties can be held responsible by Autocontrol.

What counts as a “collaboration” or “advertising content”?

This is one of the key points of the new code. Advertising isn’t just about being paid money. The code defines an advertising collaboration as any content where the creator receives a consideration in exchange for featuring, mentioning or recommending a brand or product.

That consideration may include:

• Money (the obvious one).

• Free or loaned products.

• Trips, experiences or event invitations.

• Services or discounts.

• Affiliate links or commissions.

In short: if you receive anything of value in return, it’s advertising.

This also applies when you publish content on your own profile (for example, UGC or “gifted” posts). So, if a brand sends you a product “to test” and you post about it on Instagram, TikTok or YouTube, you must make it clear that it’s a collaboration.

The goal: transparency and trust

The purpose of the code isn’t to make your life harder — it’s to make the industry more transparent and professional. The idea is that users should easily distinguish between:

Organic content	What you post just because you want to, with no brand involvement.
Advertising content	What you post because there’s a brand partnership or incentive behind it.

This protects consumers (who have the right to know when they’re seeing an advert) and builds trust in the influencer marketing industry. Ultimately, transparency equals credibility, and that’s something every creator should value.

How to properly disclose advertising

Now for the practical part. If you’re a creator, influencer or UGC producer, this is how you should correctly identify your sponsored content. The new influencer code of conduct sets out acceptable ways to disclose advertising:

• Use the word “Publicidad” at the start of the post or content.

• Write “Colaboración pagada con [marca]”.

• Use the official tools on each platform, such as:

  • On Instagram: “Colaboración de pago con [marca]”.

  • On YouTube: tick the “contenido promocional” option.

  • On TikTok: use the “contenido de marca” or “contenido promocional” label.

Most importantly: It must be visible and appear right at the start of the content. You can’t hide it at the end, beneath “see more”, or in tiny font buried among hashtags.

Examples of incorrect disclosures

The code also clearly states what doesn’t count as proper disclosure. Here are some common mistakes that could now be considered non-compliant:

• Using vague tags like #Colab or #Sponso

• Writing “Gracias a [marca]” (this doesn’t imply it’s advertising)

• Using #Ad or #Advertising in English if your audience is Spanish-speaking

• Hiding the disclosure among dozens of hashtags

• Mentioning it only at the end or in very small text

The general rule is simple: if the viewer can’t immediately tell it’s advertising, it’s not properly labelled.

What happens if you don’t comply

As mentioned, the code itself doesn’t include government fines, but that doesn’t mean there are no consequences. Any person can file a complaint with Autocontrol’s Advertising Jury. Both you and the brand (or agency) can then be held responsible.

Possible outcomes include:

• Being required to remove or amend the content.

• Having the breach publicly recorded (damaging your reputation).

• Losing brand or agency collaborations due to contractual non-compliance.

Even without an official fine, the reputational damage can be serious — especially if you work regularly with well-known brands.

What brands and agencies should do

If you work at an agency or manage campaigns, this code applies to you as well.

Brands are obliged to inform creators about their disclosure duties and ensure that sponsored content is properly labelled. That’s why many contracts now include clauses like:

“El colaborador se compromete a cumplir con el Código de Conducta sobre el uso de influencers en la publicidad promovido por Autocontrol, AEA e IAB Spain.”

And be careful: if the brand or agency doesn’t supervise compliance properly, they can also face complaints. In other words, everyone involved — brand, agency and influencer — shares responsibility.

Practical tips for creators and influencers

If you want to avoid problems and work confidently under the new influencer code of conduct, here are some practical tips:

1. Always be transparent

Even if the brand doesn’t specifically ask you to disclose the ad, do it anyway. Transparency always plays in your favour.

2. Use clear and local language

Opt for “Publicidad” or “Colaboración pagada con [marca]” in your audience’s language. Avoid unclear or foreign abbreviations.

3. Don’t hide it

Place the disclosure at the start of your post or video. If it’s a Story or Reel, make sure it’s clearly visible from the first second.

4. Check your contracts

Ensure your agreements with brands or agencies include transparency clauses, and that both parties understand how the content will be labelled.

5. Educate your audience

Explain why you label ads — it builds authenticity and trust with your followers.

6. When in doubt, disclose

If you’re unsure whether something counts as advertising, label it anyway.

Better to be overly transparent than to risk a complaint.

Why this change is actually a good thing

It’s normal for creators to feel nervous or confused whenever new rules appear. But the truth is, the new influencer code of conduct brings a lot of positives:

• It professionalises the sector. It raises influencer marketing standards and aligns it with other advertising forms.

• It builds audience trust. Users know when there’s a brand behind the message.

• It protects both consumers and creators. The rules are clear and fair.

• It prevents future legal issues. Following the code helps you comply with audiovisual laws too.

In the long run, these transparency standards strengthen influencer marketing’s credibility and make it a more respected and sustainable industry.

The new influencer code of conduct in Spain isn’t a threat — it’s an opportunity to do things properly, be more professional and build more transparent relationships with both brands and audiences. Don’t panic — adapt. If you stay transparent, follow the code, and keep your authenticity, you’ll continue to build a trustworthy, long-lasting personal brand.