New SERNAC Interpretative Circular on native advertising and influencers

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The National Consumer Service (“SERNAC“) recently issued an “Interpretative Circular on native advertising and influencers” (the “Circular“), setting forth general guidelines on regulation, legal principles and good practices to the native advertising mechanism and the influencers.

This Circular addresses the proliferation of unconventional advertising mechanisms, such as the implementation of native advertising and the emergence of influencers, which may result in the consumer not noticing their advertising nature or evaluating them less rigorously or cautiously.

Pursuant to the provisions of Law No. 19,496 Consumer Protection Act (“CPA“) and advertising principles, the Circular pursues 4 objectives: (i) conceptualize the mechanism of native advertising; (ii) conceptualize influencers as advertising subjects; (iii) determine the regulation or principles applicable to both advertising actors; and (iv) identify and encourage the implementation and compliance of good practices within these areas.

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