EU’s Digital Fairness Act Could Redefine Influencer and Affiliate Marketing

The European Union is moving ahead with new legislation aimed squarely at how businesses engage consumers online — and it could change how influencer and affiliate marketing works across the continent.

The Digital Fairness Act, introduced as part of the EU’s broader consumer protection strategy, is designed to rein in manipulative tactics often hidden beneath the surface of digital platforms. Think dark patterns, misleading endorsements, and undisclosed affiliate links.

While it’s still in proposal stages, the direction is clear: more transparency, tighter rules, and real consequences for those who blur the lines between content and advertising.

That’s going to make life harder for some marketers — and better for consumers.

What the Act targets

The legislation is aimed at eliminating practices that “distort or impair consumers’ ability to make free and informed decisions.” That includes:

• Hidden or misleading endorsements from influencers
• Affiliate links not properly disclosed
• Countdown timers and fake urgency messages (e.g. “Only 1 left in stock!”)
• Pre-checked boxes for newsletter opt-ins or service add-ons
• Confusing unsubscribe flows or unclear cancellation processes

Affiliate marketing, which sits at the intersection of content and commerce, is in the spotlight. Many influencers and affiliate publishers rely on subtle nudges to drive clicks and conversions. If the Act passes in its current form, those tactics will need to be re-evaluated — especially where they involve users in the EU.

Influencer marketing will be held to a higher standard

Social media influencers are already required to disclose paid partnerships in most markets, but enforcement has been patchy. The Digital Fairness Act proposes tougher oversight and clearer definitions of what counts as a “commercial relationship.”

That includes any form of compensation — not just money, but free products, services, or commissions earned via affiliate links.

Failing to clearly label content as promotional could land influencers and the brands behind them in legal trouble.

For marketers, this means vetting influencer partners more carefully, ensuring they understand disclosure rules, and building content strategies that hold up under legal scrutiny — not just community guidelines.

Affiliate Networks and advertisers will be on the hook

It’s not just the content creators who need to worry. Under the proposed rules, responsibility could extend to the networks and advertisers funding the campaigns.

If an affiliate partner is found to be using deceptive tactics — like hiding a commercial link behind a “personal recommendation” — the brand could be held accountable for not enforcing compliance.

This could lead to:

• Stricter affiliate onboarding processes
• More detailed partner agreements
• Greater investment in compliance monitoring tools
• Heavier use of disclosure checkers and real-time auditing

Networks may also need to adapt their platforms to help affiliates implement disclosures more easily and visibly — especially across short-form platforms where space is limited.

What this means for day-to-day marketing

If the Digital Fairness Act becomes law — and there’s strong momentum for it — marketers will need to rethink how they structure digital journeys, particularly those that lean on urgency, scarcity, or social proof.

A few changes we’re likely to see:

• Countdown timers will need real inventory logic, not artificial pressure
• Affiliate pages may require banner-level disclosures, not just fine print
• Opt-in forms must be free of pre-checked consent boxes
• Unsubscribing from an email list will need to be one step, not five

Much of this aligns with best practices anyway, but enforcement has been loose. That’s about to change.

Why it’s a good thing

Yes, this will create more work. And yes, some conversion rates may dip. But the brands and affiliates that already operate transparently have nothing to fear — and may benefit.

Consumers are tired of being tricked. When affiliate links are disclosed clearly, when urgency is real, and when consent is respected, trust builds. That trust leads to longer customer relationships and higher lifetime value.

If you’re playing the long game, this shift is helpful.

Final thoughts

The Digital Fairness Act is a shot across the bow for digital marketers who rely on blurry lines and user fatigue to drive results. It’s also a sign that affiliate and influencer marketing has grown up — big enough to be regulated, scrutinised, and held accountable like any other major industry.

If passed, the legislation could force the industry to drop the tricks and double down on what actually works: honest content, clear incentives, and real value.

The ones who adapt early will be the ones still standing when the rules kick in.

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