Mastering Cross-Border Influencer Marketing - A Legal Guide
Legal Strategies for Contracts, Partnerships, Content Rights and Regulatory Compliance
Introduction
The rapid evolution of influencer marketing has transformed the global advertising landscape, with influencers now serving as crucial partners for brands seeking to engage audiences and drive growth. As the industry matures, legal teams face increasingly complex challenges, including the intricacies of international contracts, divergent regulatory expectations, and the complexities of content ownership and brand partnerships. Nowhere are these complexities more pronounced than in cross-border influencer collaborations spanning the United States, the United Kingdom, and continental Europe.
In this article, we examine the critical legal risks and compliance challenges facing influencer marketing in 2025, providing practical strategies for legal teams to support influencers and brands. We address the nuances of influencer culture and contractual frameworks across major jurisdictions, the negotiation of joint venture agreements between influencers and marketing companies, and the compliance landscape shaped by ASA, FTC, GDPR, and COPA regulations. Actionable insights will equip legal professionals to foster successful, compliant, and mutually beneficial influencer partnerships in a rapidly evolving market.
Our Top Eight Legal Considerations in Cross-Border Influencer Marketing Are:
Divergence in Contractual Norms and Influencer Markets
Structuring Brand Partnerships and Joint Venture Agreements
Content Ownership, Licensing, and Rights Management
Advertising Disclosure: ASA (UK), FTC (US), and EU Directives
Data Protection and Privacy: GDPR, COPA, and State-Specific Laws
Managing Intellectual Property Across Jurisdictions
Dispute Resolution and Enforcement Challenges
Maximising Influencer Gains and Long-Term Value
1. Understanding Divergent Influencer Markets and Contractual Norms
The influencer marketing ecosystem varies dramatically between the United States, the United Kingdom, and continental Europe. The US market is characterised by a robust, commercialised approach, where influencers—ranging from macro-celebrities to micro-niche creators—often command lucrative, multi-year partnerships with global brands. In contrast, the UK and Europe, while highly developed, tend toward more collaborative, campaign-specific engagements, often influenced by local culture and regulatory rigour.
In the United States, influencer contracts tend to be comprehensive, frequently drafted as detailed service agreements or joint venture arrangements, complete with exclusivity clauses, morality provisions, and extensive intellectual property terms. US contracts emphasise deliverables, performance metrics, and indemnification, mirroring the risk appetite and litigiousness of the market.
In the UK, contracts are governed by a combination of contract law and regulatory codes set by the Advertising Standards Authority (ASA), and the UK Committee of Advertising Practice (CAP) Code.
Agreements are often more pragmatic, with an emphasis on clear disclosure, data protection, and content rights. In continental Europe, influencer contracts must account for country-specific civil codes and consumer protection statutes, requiring adaptation for language, local law, and compliance with the EU’s eCommerce and Digital Services Directives such as the the Digital Services Act (DSA), formally known as Regulation (EU) 2022/2065, focused on creating a safer online environment for users and businesses. It does this by establishing rules for online platforms and other intermediary services, holding them accountable for illegal content and products, and promoting transparency and user rights. The DSA applies to all online intermediary services operating within the EU, regardless of their establishment location.
Cross-border influencer deals demand legal teams fluent in multi-jurisdictional contracting. Failure to tailor terms to local expectations can result in unenforceable clauses, regulatory breaches, and reputational harm. Legal teams must conduct jurisdictional analyses to align contracts with local standards and industry best practices.
2. Structuring Brand Partnerships and Joint Venture Agreements
Traditional influencer-brand contracts are being supplanted by more sophisticated joint venture agreements. These arrangements position influencers as genuine business partners, providing them with revenue-sharing, equity, or profit participation in marketing campaigns or co-branded product lines. This evolution reflects the growing recognition of the influencer’s audience as a valuable commercial asset.
A robust influencer joint venture agreement typically addresses:
Scope of Collaboration: Defining the influencer’s role in content creation, campaign strategy, and brand representation.
Revenue Sharing: Outlining payment structures, including fixed fees, performance bonuses, affiliate commissions, equity stakes, or profit shares.
IP Ownership: Clarifying whether content and derivative works are owned jointly, licensed, or assigned to the brand or influencer.
Governance: Establishing decision-making authority, dispute resolution mechanisms, and exit strategies.
Exclusivity and Non-Compete: Preventing conflicting brand associations during and after the partnership.
Influencers can secure substantial benefits beyond traditional compensation, including:
Monetary Rewards: Upfront fees, royalties, profit shares, and equity participation.
Creative Control: Greater say in content, messaging, and campaign direction.
Brand Building: Co-branded products or campaigns can elevate the influencer’s personal brand.
Data Access: Joint ventures may grant limited access to campaign analytics, audience insights, and brand resources.
Long-Term Partnerships: Enhanced stability and growth opportunities versus one-off transactions.
Legal teams play a critical role in negotiating these complex arrangements, ensuring influencer interests are protected and regulatory risks are managed.
3. Content Ownership, Licensing, and Rights Management
Ownership and use of influencer-generated content are frequent sources of dispute. US contracts often assign all rights, including derivatives, to the brand, granting influencers only limited promotional use. In the UK and Europe, it is increasingly common for contracts to specify shared or retained rights, with detailed licensing provisions setting out permissible uses, durations, and territories.
The US recognises the right of publicity, protecting an influencer’s name, image, and likeness, and often requiring explicit waivers or licences for commercial use. In continental Europe, moral rights are inalienable under the Berne Convention and local law, guaranteeing creators the right to attribution and integrity of their work.
Legal teams must draft contracts that address:
Platform-Specific Rights: Ensuring compliance with platform terms of service (e.g., Instagram, YouTube, TikTok).
Territorial Scope: Aligning licence grants with anticipated distribution.
Takedown and Enforcement: Establishing procedures for addressing unauthorised use or infringement.
4. Advertising Disclosure Requirements: ASA, FTC, and EU Directives
Transparency is a cornerstone of influencer marketing compliance. The US Federal Trade Commission (FTC) mandates clear, conspicuous disclosure of material connections between influencers and brands. In FTC v. Machinima, Inc. (2016) the Federal Trade Commission (FTC) settled with Machinima, a YouTube network, over deceptive advertising practices related to undisclosed paid endorsements for the Xbox One console and games. The FTC alleged that Machinima failed to properly disclose when "influencers" were paid to create positive videos about the products, misleading consumers into believing the endorsements were independent opinions. In FTC v. CSGOLotto (2017), the Federal Trade Commission (FTC) charged two popular YouTubers, Trevor "TmarTn" Martin and Thomas "Syndicate" Cassell, with deceptively endorsing the online gambling website CSGOLotto without disclosing their ownership interest in the company. The FTC also alleged that the defendants paid other influencers to promote the site without requiring them to disclose the payments. The case concluded with a settlement where Martin, Cassell, and CSGOLotto were prohibited from misrepresenting endorsements and required to make clear disclosures of material connections with endorsers. FTC v. CSGOLotto (2017)was the first enforcement action against influencers failing to disclose paid campaigns in the US. The FTC has strict Endorsement Guidelines. In the UK, the Advertising Standards Authority (ASA) has taken a strict stance on influencer marketing transparency. For example, Molly-Mae Hague's Instagram post was banned for not clearly labelling it as an advertisement. The Guardian, 'Love Island star Molly-Mae Hague Instagram post banned for breaking ASA rules', 13 July 2022. UK’s ASA and the Committee of Advertising Practice (CAP) Code impose similar requirements, as do the EU’s Unfair Commercial Practices Directive and Digital Services Act.
US (FTC): Influencers must use clear hashtags (e.g., #ad, #sponsored), avoid ambiguous language, and ensure disclosures are visible in all content formats.
UK (ASA): Requires upfront, prominent disclosure, not buried in descriptions or among multiple hashtags. Advertising Standards Authority (ASA), Influencer Marketing Guidelines (2024),
EU: National regulations implement EU directives, with increasing enforcement under the Digital Services Act for influencers with cross-border reach.
Legal teams should implement influencer briefing protocols, template disclosure language, and ongoing compliance audits to minimise regulatory exposure.
5. Data Protection and Privacy: GDPR, COPA, and International Laws
Influencer marketing often involves the collection, processing, and sharing of personal data—both of influencers and their audiences. Legal teams must ensure compliance with the EU General Data Protection Regulation (GDPR) (EU) 2016/679 the UK Data Protection Act 2018, and, in the US, a patchwork of state-specific laws such as the California Consumer Privacy Act (CCPA) and Children’s Online Privacy Protection Act (COPPA).
Consent Management: Ensuring valid, informed consent for any data collection or processing.
Children’s Content: Children’s Online Privacy Protection Act (COPPA), COPPA and GDPR require heightened protections for content directed at individuals under 13 or 16 years old, respectively. California Consumer Privacy Act
Cross-Border Data Transfers: Contracts must incorporate appropriate data transfer mechanisms, such as Standard Contractual Clauses (SCCs) ) for international data transfers or Binding Corporate Rules (BCRs), to lawfully move data between the US, UK, and EU.
Legal teams should establish clear breach notification procedures, audit third-party providers, and allocate liability for data incidents within influencer agreements.
6. Managing Intellectual Property in Influencer Marketing
The Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886, is an international treaty that provides a minimum level of copyright protection for authors' works across participating countries. It establishes the principle of national treatment, meaning that member countries must grant the same copyright protection to works from other member countries as they do to their own nationals' works. The convention also outlines specific rights that authors should have, such as the right to reproduce, translate, and adapt their works, as well as moral rights like the right to be identified as the author. In essence, the Berne Convention underpins the global framework for copyright protection, ensuring that influencer content is safeguarded, rights are respected, and cross-border legal issues can be managed effectively. For IP lawyers, it is foundational knowledge for advising clients and structuring compliant, enforceable influencer marketing agreements worldwide.
Automatic Copyright Protection Across Borders:
The Berne Convention ensures that literary and artistic works—including photographs, videos, written content, and other creative materials commonly produced by influencers—are automatically protected by copyright in all member countries without the need for registration. This is vital for influencer marketing, which often involves content being shared and used internationally.
Minimum Standards and Moral Rights:
The Convention sets minimum standards for copyright protection, including the recognition of moral rights. In many European countries, moral rights (such as the right to attribution and to object to derogatory treatment of a work) are unwaivable. This affects how brands and agencies can use influencer content and must be reflected in contracts.
Harmonisation of Rights:
With over 180 member countries, the Berne Convention harmonises copyright protection, making it easier for IP lawyers to draft agreements knowing that certain protections will apply across jurisdictions. This reduces legal uncertainty and helps ensure consistent treatment of influencer-generated content globally.
Enforcement and Remedies:
The Convention requires member countries to provide effective legal remedies for copyright infringement. This is essential for protecting influencers’ and brands’ creative assets from unauthorised use, especially as content is rapidly disseminated online.
Influencer Contracts and Licensing:
For lawyers, understanding the Berne Convention helps in drafting robust influencer contracts that account for copyright ownership, assignment, and licensing in multiple countries. It informs negotiations on content use, duration, territory, and the ability (or not) to waive moral rights.
Trademarks
Brands must ensure their trademarks are protected in all target markets. Influencer agreements should prohibit unauthorised use of brand assets and require pre-approval of content featuring trademarks. Influencers may have registered trademarks or proprietary content elements (e.g., catchphrases, logos). Contracts should respect these rights and specify permissible uses by brands or agencies.
Legal teams must provide for swift response mechanisms to address third-party infringement, platform takedowns, and cross-border enforcement challenges.
7. Contractual Dispute Resolution and Enforcement in Cross-Border Agreements
The EU Unfair Commercial Practices Directive 2005 (UCPD)is a cornerstone for legal compliance in influencer marketing throughout the EU. For lawyers, it provides the framework to advise brands, agencies, and influencers on how to craft transparent, fair, and legally sound cross-border campaigns. Understanding and applying the UCPD reduces legal risk, ensures consumer protection, and upholds the integrity of influencer marketing in the digital single market.is a cornerstone for legal compliance in influencer marketing throughout the EU. For lawyers, it provides the framework to advise brands, agencies, and influencers on how to craft transparent, fair, and legally sound cross-border campaigns. Understanding and applying the UCPD reduces legal risk, ensures consumer protection, and upholds the integrity of influencer marketing in the digital single market.
Harmonised Standards Across the EU:
The UCPD establishes a unified legal framework prohibiting unfair business-to-consumer commercial practices across all EU member states. For influencer marketing, this means that the same basic rules about misleading, aggressive, or unfair advertising apply wherever the consumer is located within the EU, reducing the complexity of complying with multiple national laws.
Misleading and Omissive Practices:
The Directive prohibits misleading actions and omissions in marketing. Influencer content that fails to clearly disclose its commercial nature, or misrepresents products or services, may be deemed illegal under the UCPD. This directly impacts how influencer campaigns are structured and disclosed.
Transparency and Disclosure Requirements:
Lawyers must ensure influencer agreements and campaign practices include clear, prominent disclosure of paid partnerships, gifts, or other material connections, as required by the UCPD. Failure to do so can result in penalties, reputational damage, and loss of consumer trust.
Consumer Protection Focus:
The UCPD is designed to protect the average consumer, including vulnerable groups such as children and teenagers—often a significant part of influencer audiences. Lawyers must advise clients on avoiding practices that could exploit or mislead these groups, particularly in sectors like games, fashion, and lifestyle.
Cross-Border Enforcement:
Because the UCPD applies EU-wide, national authorities can enforce its provisions even if the influencer or brand is based in another EU country. This means cross-border campaigns must be compliant in all targeted member states, not just the country of origin.
Impact on Social Media and Digital Platforms:
The Directive’s principles have been interpreted and expanded by national regulators and courts to cover social media posts, stories, and videos. Lawyers need to stay abreast of evolving guidance on what constitutes a “commercial practice” and ensure influencer agreements reflect the latest compliance requirements.
Given the cross-border nature of influencer campaigns, contracts must specify governing law and dispute resolution forums. US contracts often favour arbitration or litigation in the influencer’s home state, while UK and EU agreements may specify courts in London or another neutral venue.
Enforcement of judgments or arbitral awards can be complex, particularly between the US and Europe post-Brexit. Legal teams should assess the enforceability of contractual remedies and consider mediation or alternative dispute resolution where appropriate.
8. Maximising Influencer Gains from Brand Collaborations
Influencers participating in sophisticated collaborations can benefit from:
Equity Stakes: Ownership in joint ventures, product lines, or marketing entities.
Revenue Sharing: Ongoing royalties or profit shares from campaign success.
Audience Data: Access to anonymised analytics to inform content strategy.
Licensing Opportunities: Rights to licence content or co-develop products.
Brand Association: Enhanced visibility and credibility via association with global brands.
Legal teams can support influencers by negotiating:
Clear Payment Terms: Milestones, bonuses, and minimum guarantees.
Performance Metrics: Objective criteria for compensation and contract renewal.
Termination Rights: Provisions for ending the arrangement in case of non-performance or brand misalignment.
Reputation Management: Clauses addressing brand safety and influencer conduct.
Conclusion: The Legal Team’s Role in Influencer Marketing Success
As influencer marketing matures into a global, multi-billion-pound industry, legal teams play an indispensable role in enabling compliant, effective, and rewarding collaborations. Navigating the divergent legal landscapes of the United States, the United Kingdom, and Europe demands expertise in contract drafting, intellectual property, data privacy, and regulatory compliance. By proactively managing risks and structuring robust agreements, legal professionals can unlock substantial value for influencers and brands alike.
Engaging with an experienced digital media lawyer—such as Mr Peter Adediran of PAIL Solicitors—ensures that influencer partnerships are not only innovative and commercially successful but also fully compliant with evolving legal requirements. In the fast-moving world of influencer marketing, legal foresight is the key to enduring success.
Useful Links
Trademark Lawyer Protecting Rights in the UK, US, and EU In 2025
Influencer Marketing Lawyers Managing Risk
An NDA Lawyer's Role: Ethical Considerations in NDA Drafting
Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston