A recent ruling of the Court of Rome (no. 2615, dated March 4th, 2024) addressed, for the first time in Italy, the issue of the correct legal classification of the so-called “influencers”.
According to this ruling, an influencerwho promotes a company’s products on a stable and continuous basis should be classified as an agent.
Needless to say that the aforementioned ruling has particularly significant consequences for the principal. Just to mention the main ones:
(i) contribution charges towards Italian social security authority for agents,
(ii) indemnities and rights provided for by the Italian Civil Code (e.g.: indemnity for termination of agency relationship, implementing Directive 86/653/CEE),
(iii) administrative obligations,
(iv) regularization of ongoing contracts,
(v) management of interlocutions with Italian social security authority for agents,
(vi) management of authorities’ inspection processes,
(vii) need for legal assistance in disputes brought by influencers or arising out of authorities’ inspection processes.
By the way, please consider that under Italian Law, the obligation to pay social security contributions also applies to agents (and possibly to influencers) constituted as corporations.
Thanks to our in-depth experience in the field of agency law, we are at your disposal to provide you with all the support you may need for the management and resolution of issues related to the above.
If you want to delve deeper into the topic, you can read the interview published on The Platform.
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