Contracts and agreements with influencers: complete guide to influencer campaigns for your brand

The collaboration between brands and influencers has established itself as one of the most effective digital marketing strategies today. However, this professional relationship requires a solid legal framework that protects the interests of both parties and ensures compliance with current regulations. In this article, we will analyze all the legal, contractual, and practical aspects that your brand should know to manage campaigns with content creators.

The legal framework of collaboration with influencers

The influencer marketing ecosystem has evolved from a virtually unregulated territory to a sector with a defined and demanding legal framework. This transformation responds to the need to protect both consumers and the content creators themselves, establishing clear rules that guarantee transparency and fair competition.

Do you need to align your corporate identity with your influencer campaigns?

Discover how our strategic branding consultancy can enhance and protect your market positioning.

Current legislation in Spain for influencers

The Spanish regulatory framework for influencers is based on several regulations that interact with one another. The General Law on Advertising expressly prohibits misleading and covert advertising, while the Law on Unfair Competition sanctions unfair commercial practices and the omission of relevant information. This is supplemented by the Law on Services of the Information Society, which requires clear identification of commercial communications.

The General Law on Audiovisual Communication and its impact

The Law 13/2022 General on Audiovisual Communication represents a turning point in the regulation of the sector. This regulation equates certain influencers with providers of audiovisual communication services, subjecting them to obligations similar to those of traditional media. The article 94.2 establishes the criteria for determining which content creators are subject to this enhanced regulation.

The law establishes fundamental principles such as respect for human dignity, pluralism, gender equality, the protection of minors and persons with disabilities, and the veracity of information. These principles are not merely declarative, but generate specific obligations and sanctions in cases of non-compliance.

Royal Decree 444/2024 and additional obligations

The Royal Decree 444/2024, published on May 1, 2024, and in force from the 2nd, specifically develops the requirements for being considered a "user of special relevance". This regulation clarifies the aspects that the General Law on Audiovisual Communication left open, establishing precise quantitative thresholds and clear formal obligations.

Users of special relevance: definition and requirements

A User of Special Relevance (UER) will be considered an influencer who simultaneously meets three fundamental conditions. First, they must have obtained gross annual income equal to or greater than 300,000 euros from their activity on video-sharing platforms. Second, they must have a significant audience: at least one million followers on a single platform or two million combining all the platforms on which they operate. Lastly, they must have published a minimum of 24 videos during the previous calendar year.

Those who meet these requirements must register with the State Registry of Audiovisual Communication Service Providers, managed by the CNMC. The initial deadline for registration was two months from the entry into force of the decree, although those who subsequently reach these thresholds must register as soon as they fulfill the conditions.

Compliance with advertising and data protection regulations

Beyond the specific obligations for users of special relevance, all influencers undertaking commercial collaborations must comply with the basic regulations on advertising and data protection.

Clear identification of sponsored content

Identifying advertising content is one of the most important and frequently violated obligations. Article 122.3 of the General Law on Audiovisual Communication expressly prohibits covert advertising and defines it as that which, through verbal or visual presentation of goods, services, or brands, has an advertising purpose but can lead the public to error regarding its commercial nature.

The new Code of Conduct for Advertising through Influencers, effective from October 2025, requires that all commercial collaborations be clearly identifiable from the start of the content. Explicit labels such as "advertising", "sponsored", "paid collaboration" or "sponsored by" must be used. Ambiguous hashtags or indirect mentions are not sufficient.

This obligation applies not only when there is a direct monetary payment but also when the influencer receives products, services, invitations, or any form of non-monetary compensation. Even gifts must be declared and labeled appropriately, as they are valued at market price and must be taxed as income.

General Data Protection Regulation and giveaways

When influencer campaigns include giveaways, contests, or any activity that involves the collection of personal data, the General Data Protection Regulation (GDPR) comes into play. In this case, the influencer acts as the data controller for the data collected from participants, which generates specific obligations.

The GDPR requires that consent is freely given, specific, informed, and unambiguous, and that it is expressed through a statement or a clear affirmative action. Tacit consent or consent by omission is not accepted. The legal bases for the giveaway must include complete information about the privacy policy, the purpose of the processing, the territorial scope, the duration, the methodology for selecting the winner, and the clear identification of the organizer.

Structure and essential elements of a contract with influencers

A well-drafted contract is essential to ensure the success of the collaboration between brands and influencers. This document must balance the commercial interests of the company with the rights of the creator, and must establish clear expectations and mechanisms to resolve conflicts.

Types of contracts for collaborations with content creators

Depending on the nature and duration of the collaboration, there are different contractual modalities. The contract for a specific campaign regulates individual actions, such as publishing blog posts, Instagram stories, or promotional videos. For longer-lasting relationships, the brand ambassador contract establishes a long-term collaboration, with periodic posts and continued identification with the company's values.

The affiliate contract, on the other hand, establishes a compensation based on commissions for sales generated through the creator's content. Finally, the exclusivity contract restricts the creator's ability to collaborate with competing brands for a specified period.

Collaboration contract and its characteristics

The collaboration contract is fundamentally a service provision contract in which the influencer agrees to create and publish specific content in exchange for compensation. This type of agreement should include the complete identification of both parties, the detailed object of the collaboration, the duration of the agreement, the specific obligations of the influencer, and the payment terms.

Contract for the transfer of image rights

The contract for the transfer of image rights allows the influencer to authorize the brand to use their image under specific conditions. This contract can be formalized in writing or orally, although written form is highly recommended to avoid conflicts.

It should specify the elements of the image that will be used (name, voice, photographs, videos), the purpose of the content, the duration for which rights are granted, the channels or media in which it will be used, whether there will be financial compensation or it will be free, and the agreements in case of possible breaches.

Clear definition of the type of content and services

The contract must describe in as much detail as possible the expected results. This includes the exact number of publications, the type of content (photographs, videos, stories, reels), the style and tone to be employed, required hashtags, necessary mentions, and promotional links or codes to be included.

Specification of formats and publication channels

It is crucial to detail on which platforms the content will be published (Instagram, TikTok, YouTube, Facebook, or a personal blog) and what specific formats will be used on each. Each social network has its own characteristics and generates different levels of engagement, so this specification directly affects the value of the collaboration.

Duration, frequency, and timelines of the campaign

The contract should clearly specify the start and end dates of the campaign, the frequency of publication (daily, weekly, monthly), the deadlines for delivering drafts and publishing the final content, as well as key dates that must be respected (product launches, special events, etc.).

Intellectual property rights and content transfer

The intellectual property of the generated content is one of the most sensitive aspects of contracts with influencers and a frequent source of conflicts when not properly regulated.

Copyright and use of the influencer's image

The influencer holds the intellectual property rights to all graphic, audio, video, and text content they create, as long as they created it themselves. According to the Intellectual Property Law (Royal Legislative Decree 1/1996), the intellectual property of a work belongs to the author simply by virtue of having created it, without the need for registration.

However, when there is a contract with a brand, it is essential to define who will be the holder of the rights to the content created. The contract may establish that the brand acquires full ownership, that the influencer retains ownership and transfers specific usage rights, or that both parties share ownership.

Conditions for reuse and dissemination of content

The contract must specify precisely whether the brand will be able to reuse the created content in other contexts (offline advertising, billboards, corporate graphic material), for how long, in which geographic territories it may do so, and whether additional payments will be required for uses not initially contemplated.

It is also essential to establish whether the influencer may reuse the content created for the brand in their professional portfolio, if they will need prior authorization for each reuse, and what uses are permitted or prohibited.

Confidentiality clauses and reputation protection

Confidentiality clauses protect sensitive information that the influencer may access during the collaboration, such as marketing strategies, data on products not yet launched, financial information, or expansion plans. The contract should specify what information is considered confidential, how long this obligation lasts, and what the consequences of non-compliance would be.

Transparency and labeling obligation in advertising

As previously mentioned, the contract must include specific clauses that obligate the influencer to correctly label all advertising content, following the guidelines of the Code of Conduct and current regulations. This obligation should be expressed clearly and link its compliance to the payment conditions.

Responsibilities and obligations of both parties

A balanced contract must clearly specify the responsibilities of both parties, thus creating a framework of mutual expectations.

Commitments of the influencer in creating and labeling content

The influencer commits to creating professionally quality content that is aligned with the brand's image and values. They must respect delivery deadlines, adequately label advertising content, avoid false or misleading claims, and not promote competing products during the exclusivity period, if this clause exists.

Obligations of the brand regarding supervision and control

The brand is responsible for supervising that the campaigns comply with all applicable regulations. This responsibility is shared and cannot be completely delegated to the influencer. Authorities can sanction both the creator and the company that hired their services.

Pre-review and approvals of content

Many contracts include clauses that allow the brand to review and approve the content before publication. This guarantees that the message meets the company's standards, but must be balanced with the creative freedom of the influencer, as their authenticity is precisely what builds trust with their audience.

Verification of compliance with current regulations

The brand must implement internal control protocols that include legal checklists, the definition of permitted advertising formats, and verification that the influencer complies with registration requirements if they are a user of special relevance.

Legal consequences for breach of contract

Non-compliance with contractual or regulatory obligations can have consequences in administrative, civil, and reputational areas.

Administrative and legal sanctions

Fines for non-compliance with regulations can range from 10,000 to 1,500,000 euros, depending on the severity of the infringement. The CNMC, AEPD, and regional consumer authorities have sanctioning powers in matters of unlawful advertising, data protection, or unfair commercial practices.

Among the most common infractions are covert advertising (not labeling commercial content), promoting products prohibited for minors, non-compliance with data protection obligations in giveaways, and disseminating misleading information.

Impact on the image and reputation of the brand and the creator

Beyond economic sanctions, regulatory non-compliance can cause significant reputational damage to both the brand and the influencer. Losing public trust is difficult to regain and can lead to more severe commercial consequences than the fines themselves.

Civil claims and economic responsibilities

Influencers can be held civilly liable for breach of contract to brands and for extracontractual damages to third parties. Article 1902 of the Civil Code establishes extracontractual liability: whoever, through action or omission, causes harm to another while intervening with fault or negligence, shall be obliged to repair the damage caused.

When an influencer recommends a product without exercising minimum diligence to verify its truthfulness or solvency, they may incur liability to consumers who suffer damage. Acting as a "mere speaker" without any verification can be considered gross negligence and lead to civil claims.

Strategies for drafting an effective contract with influencers

Drafting solid contracts requires considering both traditional legal aspects and the new technological realities of the sector.

Key points for a clear and complete legal agreement

A complete contract should include the following aspects: identification of the parties, object of the contract, rights and obligations of each party, duration and exclusivity, economic or in-kind compensation, intellectual property rights and image transfer, confidentiality clauses, review and approval procedure, consequences for non-compliance, applicable legislation, and competent jurisdiction.

Use of technology for generating and managing contracts

There are specialized platforms that facilitate the creation, management, and tracking of contracts with influencers, allowing for process automation, secure documentation storage, and compliance tracking.

Inclusion of clauses on creative freedom and use of AI

Contracts should find a balance between the brand's directives and the influencer's creative freedom. Excessive rigidity can compromise the authenticity that makes the collaboration valuable, while total freedom can lead to content that does not align with the company's values.

Transparency in AI-generated content

The generation of images or videos with artificial intelligence offers new creative possibilities but demands transparency. Not indicating that content has been generated or modified with artificial intelligence can mislead or infringe copyright or image rights. Therefore, it is essential to verify the ownership of all material created with AI and review the conditions of the platforms used.

Rights and responsibilities in digital collaborations

In the case of virtual influencers or digital avatars, the rights of design, voice, and image, as well as the responsibilities arising from their exploitation, must be contractually defined.

Adaptation to the objectives and type of marketing campaign

Each campaign has specific objectives that condition the most suitable type of contract. Branding campaigns aim to strengthen brand image; conversion campaigns aim to generate sales through clear calls to action; engagement campaigns aim to increase interaction with the brand; and micro-influencer campaigns aim to reach niche audiences with more limited budgets.

Practical aspects of influencer marketing on social media

Beyond the legal and contractual framework, successfully managing campaigns with influencers requires mastering practical aspects related to selection, compensation, and monitoring.

Selecting the right influencer according to the audience and sector

The selection should not be based solely on the number of followers but on the relevance of their audience to the brand's target public. It is essential to analyze the demographic data, interests, and behaviors of their followers.

Nanoinfluencers (under 10,000 followers) are ideal for hyper-local or specific niche campaigns due to their high authenticity. Micro-influencers (10,000 to 100,000 followers) balance reach and engagement with profitability. Macro-influencers (100,000 to 1,000,000 followers) provide significant reach and industry experience. Megainfluencers (over one million followers) are perfect for raising awareness on a large scale.

Defining objectives and types of collaborations with creators

Objectives must be specific, measurable, achievable, relevant, and time-bound (SMART). Examples of common objectives include increasing brand recognition, boosting direct sales, capturing qualified leads, improving audience engagement, or launching new products.

Among the most common types of collaboration are sending products for reviews, sponsored paid posts, long-term ambassador programs, discount codes with commission on sales, and giveaways and contests to generate engagement.

Calculating the cost and compensation of the campaign

Compensation calculation can be based on different methods. The flat rate establishes €100 for every 10,000 followers per post and is more suitable for awareness objectives. The engagement-based rate multiplies the number of interactions by the cost of each interaction, and is more appropriate for conversions, as it is based on actual performance.

As a guideline, these are the price ranges on Instagram: nano-influencers (€10-100), micro-influencers (€100-500), mid-tier influencers (€500-5000), macro-influencers (€5000-10,000), and mega-influencers (over €10,000 per post).

Managing campaigns on Instagram and other social networks

To do this, it is necessary to use specialized tools that allow you to schedule posts, monitor metrics in real-time, analyze audience sentiment, manage conversations from a unified inbox, and generate performance reports.

Monitoring interaction with followers and tracking results

Key metrics include: reach (number of unique people who saw the content), impressions (total times viewed), engagement rate (percentage of interactions), brand mentions, website visits, conversion rate, attributable sales, and lead generation.

Tracking should be continuous throughout the campaign to detect problems, adjust strategies, and optimize results in real-time. Social listening tools allow the monitoring of specific hashtags, terms related to the brand, and the general sentiment of conversations.

Keys to success and legal certainty in influencer marketing

The hiring of influencers has evolved from informal agreements to becoming an activity that requires legal rigor, strategic planning, and professional management. The Spanish legal framework, shaped by the General Law on Audiovisual Communication and the Royal Decree 444/2024, establishes clear obligations that protect both consumers and creators.

For specialized agencies in branding, web design, and creative strategies, such as Crater, it is essential to master all these aspects to offer successful campaigns that generate measurable results and avoid exposing clients to legal or reputational risks. The key lies in having well-drafted contracts, strategically selecting influencers, being fully transparent in advertising labeling, and continuously monitoring results and regulatory compliance.