What is the importance of contracts for digital advertising services with influencers?

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Contracts for digital advertising services with influencers are important because they establish the agreements and obligations between the parties involved, define the terms and conditions of the advertising campaign, and prevent potential conflicts that may arise during the development of the strategy. Additionally, these contracts allow you to establish the terms of remuneration, rights and duties, duration of the campaign, among other fundamental aspects for the success of the different types of collaborations with influencers that you develop as a brand.

Types of contracts for business agreements with influencers
The first thing to note is that there is no specific type of contract that applies to collaboration agreements with influencers. However, depending on the objectives and type of relationship between the brand and the content creator, Spanish law establishes certain different types of contracts:

Commercial contract or service lease contract: the regulations for this contract are based on the commercial code. This contract establishes all the considerations for the development of the digital campaign between the advertiser or brand and the influencer. This type of contract is usually less strict compared to a regular employment contract.
Employment contract: although it is usually the least common type of contract in influencer marketing collaborations, it is sometimes used because brands, in the form of clients, demand certain recurring actions or subordination within the business structure from content creators. The standard that supports and establishes the considerations that must be met by both parties is established in the Workers' Statute Law.
Image rights transfer contract : in this model, the influencer authorizes third parties, in this case the brand, to use their image in exchange for compensation. The right to one's own image is a fundamental right recognized by article 18 of the Spanish Constitution and the Organic Law on Civil Protection of the Right to Honor, Personal and Family Privacy and One's Own Image, in order to promote appropriate use of the personal image of individuals with a public character.
Kolsquare Tip: It is important to make sure that the wording of this document is in accordance with the advertising regulations in force in the country of action. Some of the Spanish regulations are:

Law 13/2022, of July 7, General Law on Audiovisual Communication.
Law 34/2002, of July 11, on information society services and electronic commerce
Law 34/1988, of November 11, General Advertising.
Law 3/1991, of January 10, on unfair competition.
Code of Conduct on the Use of Influencers in Advertising .
To learn more about the regulations governing influencer marketing in Spain and Europ business development directors email database e, read our blog: Regulation of influencer marketing in Europe .

How to make a contract with an influencer?
As with any type of contract, you should start by providing personal details of all parties involved – both advertiser and influencer. Their respective names, key details of the cooperation, and a description of the campaign should be clearly stated. The duration of the collaboration should also be clear . Experience shows that long-term relationships in influencer marketing are often more effective for clients, but you may have a more specific time frame in mind.

Of course, a contractual agreement in which the creator expects a remuneration of a financial nature must establish the value and the forms of payment. Influencer fees depend on many factors, such as the reach, engagement rate, nature and duration of the collaboration . As a rule, it can be said that the price of a cooperation is potentially related to the level of knowledge of the respective influencers. Be more confident when negotiating prices with influencers by reading Kolsquare's quick guide on what to consider. But besides the question of how much to offer influencers for a collaboration, the type of remuneration according to the influencers also plays