sec_4_2_6__para__6

The commercial element is considered to be present whenever the influencer receives any form of consideration for the endorsement, including in case of payment, discounts, partnership arrangements, percentage from affiliate links, free products (including unsolicited gifts), trips or event invitations etc. The presence of a contract and monetary payment is not necessary to trigger the application of these rules. In the Peek & Cloppenburg case, the Court confirmed that a trader has ‘paid for’ editorial content also in case of non-monetary payment. The Court considered that there must be ‘consideration with an asset value’ and a definite link between the payment by that trader and that content. However, the specific form of payment has no bearing from the point of view of consumer protection. For example, consideration was found to be present when the trader makes available, free of charge, images protected by copyright on which are visible the commercial premises and products which it offers for sale. The Court also noted that there is no requirement for a minimum amount of payment or the proportion of that payment in the total cost of the advertising campaign concerned (361).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.