Influencer advertising in Belgium: disclosure rules and AI

Influencers and AI: is your advertising clearly identifiable?

Influencer marketing allows companies to reach consumers through content that often feels more personal and authentic than traditional advertising. That is also precisely where the legal risk lies: consumers must be able to recognise when such content is actually commercial.

An international investigation coordinated by the Belgian Economic Inspectorate indicated that this remains a significant problem. The emergence of AI-generated content and virtual influencers creates additional transparency risks.

Companies working with influencers should not assume that compliance is solely the influencer’s responsibility. Clear contractual instructions, approval procedures and monitoring are essential parts of a compliant influencer-marketing strategy.

Influencer advertising is still insufficiently disclosed

Between 23 March and 8 April 2026, the International Consumer Protection and Enforcement Network conducted a global investigation in which 20 consumer-protection authorities participated and carried out 228 checks.

The results were striking:

• -          92% of the influencers reviewed published commercial content;

• -          only 20% systematically disclosed that their content contained advertising; and

• -    in Belgium, 80% of the influencers reviewed did not systematically identify their advertising content.

The Belgian figure represented a slight improvement compared with the 2023 EU-wide investigation, but the conclusion is still that the overall level of compliance remains low.

When is influencer content considered advertising?

Under Belgian economic law, advertising must always be clearly recognisable as advertising. Online content is commercial where an influencer promotes or highlights a company, brand, product or service and receives an advantage in return. That advantage does not have to consist of a cash payment. It may also include: a free or loaned product; a discount; free accommodation, meals, tickets or travel; an invitation to an event; a commission on sales generated through an affiliate link; or another commercial benefit. A formal agreement is not required.

How should advertising be disclosed?

Terms such as “collaboration”, “partner”, “ambassador”, “gifted” or a simple thank-you to the brand may not adequately inform consumers that the content is advertising. Merely tagging the brand is also insufficient.

he Belgian authorities recommend using an unambiguous term such as “advertising” or “advertisement”. The disclosure should:
1. appear prominently at the beginning of the caption or on the first screen;
2. be visible without clicking “read more” or scrolling;
3. remain clearly visible against the background;
4. be made in the same language as the content; and
5. identify the company or brand for which the advertising is being published.

Platform tools such as Instagram’s “paid partnership” label should be used where available. However, depending on how the content is displayed, relying exclusively on the platform label may not always provide sufficient clarity.

AI-generated content creates additional transparency risks

The 2026 investigation also examined the use of AI-generated or AI-edited images. It found that 69% of the influencers using such images did not systematically disclose that AI had been used.

In addition, more than half of the virtual influencers reviewed made claims concerning personal experiences, including travel experiences and health-related results. A completely AI-generated profile cannot genuinely have stayed at a hotel, used a cosmetic treatment or experienced the health effects of a product. Presenting such statements as personal testimonials may therefore mislead consumers.

What does this mean for companies using influencers?

It is recommended not to simply instruct an influencer to “comply with applicable law” and leave the matter there. Influencer compliance should be incorporated into the campaign’s design, contractual documentation and approval process.

Check whether your agreements with influencers, agencies or content creators address:

• when and how advertising must be disclosed;
• the precise labels that must be used;
• where the disclosure must appear;
• the use of platform-specific advertising tools;
• whether AI-generated or materially altered content is permitted and how the use of AI must be disclosed;
• whether scripts, captions and visuals require prior approval;
• the substantiation of product-performance and sustainability claims;
• the protection of intellectual property and personality rights; and
• the company’s right to require correction or removal of non-compliant content.

In addition, it is best to actively monitor whether the agreed disclosures are used correctly throughout the campaign.