Rules And Regulations Every B2B Influencer Needs To Know

[ad_1]

Reading Time: 12 minutes

Influencer marketing has become a powerful tool for businesses of all sizes to reach their target audience. However, as the industry grows, it’s essential that influencers understand the regulations and guidelines that govern the way they promote products and services. With the rise of the B2B influencer marketing, it’s crucial for B2B influencers to be aware of the laws and regulations that apply to them and their content.

In this article, we will explore the FTC guidelines for B2B influencers, as well as other laws and regulations that influencers should be aware of. We will also provide examples of compliance software and resources that can help influencers stay informed and compliant with industry regulations. Whether you’re an established influencer or just starting out, this article will provide valuable information to help you navigate the legal landscape of influencer marketing.

B2B Influencer Regulations from the FTC

The Federal Trade Commission (FTC) has guidelines in place for business-to-business (B2B) influencers to ensure that sponsored content is clearly labeled and that consumers are not deceived.

First, it is important for B2B influencers to disclose any sponsored or paid content. This means that if an influencer is paid or compensated in any way by a company to promote their products or services in a campaign, they must disclose that information to their audience. The disclosure should be clear and conspicuous, and it should be placed close to the sponsored content.

Second, the FTC requires that B2B influencers disclose any material connections they have with the companies they promote. A material connection is any relationship that might affect the weight or credibility of the endorsement. This includes, but is not limited to, financial compensation, free products or services, or a close personal relationship with the company or its employees.

Third, the FTC guidelines prohibit B2B influencers from making false or misleading claims about products or services. Influencers must ensure that their endorsements are truthful and accurate, and that they are not exaggerating the benefits or downplaying the risks of the products or services they are promoting.

Fourth, influencers must be aware of the guidelines when using endorsements from other people or organizations. If an influencer uses an endorsement from another person or organization, they must disclose that the endorsement is not representative of the views of the general public.

Basically, B2B influencers must disclose any sponsored or paid content, disclose any material connections they have with the companies they promote, ensure that their endorsements are truthful and accurate, and disclose when they use endorsements from other people or organizations. Adhering to these guidelines helps to protect consumers and ensure that sponsored content is clearly labeled and not misleading.

What Other Laws or Regulations Should a B2B Influencer Be Aware Of?

In addition to the guidelines set forth by the FTC, B2B influencers should also be aware of other laws and regulations that may apply to their content and activities.

The Lanham Act: This federal law prohibits false or misleading advertising, which includes endorsements and testimonials. B2B influencers must ensure that their endorsements are truthful and not misleading in any way.
The Children’s Online Privacy Protection Act (COPPA): This law applies to influencers who target children under the age of 13. It requires that these influencers obtain parental consent before collecting, using, or disclosing personal information from children.
State laws: Some states have their own laws and regulations regarding endorsements and influencer marketing. For example, California has its own endorsement guidelines that require influencers to disclose their relationships with brands and to disclose if they received payment for a post.
- California: California has its own set of endorsement guidelines, the California Consumer Privacy Act (CCPA), which require influencers to disclose their relationships with brands and to disclose if they received payment for a post. This applies to both B2C and B2B influencers operating in California.
- New York: The New York State Attorney General’s office has issued guidelines for influencer marketing, which require influencers to disclose any financial compensation they receive in exchange for promoting a product or service.
- Texas: Texas has a Deceptive Trade Practices Act that regulates influencer marketing, which prohibits false or misleading advertising, including endorsements and testimonials.
- Illinois: Illinois has Consumer Fraud and Deceptive Business Practices Act which prohibits false or misleading advertising, including endorsements and testimonials.
Intellectual property laws: B2B influencers must be aware of copyright, trademark, and patent laws when using third-party content or creating their own content. This includes getting permission to use copyrighted material and giving credit where credit is due.
The General Data Protection Regulation (GDPR): This law applies to B2B influencers who operate in the European Union (EU) and collect personal data from their audience. It requires that they obtain consent before collecting, using, or disclosing personal information, and that they provide certain rights to the individuals whose data they collect.
The Australian Association of National Advertisers (AANA) Code of Ethics: This code applies to B2B influencers who operate in Australia and includes guidelines for truthful and honest advertising, including endorsements and testimonials.
The Canadian Competition Bureau: This bureau enforces the competition and consumer protection laws in Canada, which include guidelines for truthful and honest advertising, including endorsements and testimonials.
The Advertising Standards Authority (ASA) of United Kingdom: This authority applies to B2B influencers who operate in the UK and is responsible for enforcing the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) which includes guidelines for truthful and honest advertising, including endorsements and testimonials.

It’s important to note that laws and regulations can vary depending on the country and jurisdiction, and B2B influencers should be familiar with the laws and regulations that apply to them and their content. They should consult with legal counsel if they have any questions or concerns about compliance.

Does a B2B Influencer Need an Attorney?

B2B influencers do not necessarily need an attorney, but it can be beneficial for them to consult with one. An attorney can help B2B influencers navigate the legal landscape and ensure that they are in compliance with all applicable laws and regulations.

An attorney can help B2B influencers to understand the FTC guidelines and other laws and regulations that apply to their content and activities. They can also help to draft and review contracts and agreements, such as sponsorship agreements and terms of service for their website or social media platforms.

Additionally, an attorney can help B2B influencers to protect their own legal rights. For example, an attorney can help them to draft and register trademarks and copyrights for their brand, as well as review and advise on any legal disputes that may arise.

In short, while it’s not necessary for B2B influencers to retain an attorney, it can be beneficial for them to consult with one to ensure that they are in compliance with laws and regulations and to protect their legal rights.

Do B2B Influencers Need a Disclosure Page On Their Website?

B2B influencers are required to disclose any sponsored or paid content and any material connections they have with the companies they promote. A disclosure page on their website can be an effective way to do this.

A disclosure page is a dedicated webpage on a website where influencers can disclose information about sponsored content, affiliations, and other material connections with brands. It should be easily accessible from all pages of the website, usually through a link in the footer or on the menu.

Having a disclosure page can help B2B influencers to comply with FTC guidelines, as it allows them to provide clear and conspicuous disclosures that are easily accessible to their audience. A disclosure page can also help influencers to demonstrate transparency and credibility to their audience and potential clients.

Do remember that the FTC guidelines require that the disclosures be clear and conspicuous, so influencers should make sure the disclosure page is easily visible and easy to understand. They should also ensure that their disclosures are placed close to the sponsored content they are promoting, so their audience is able to easily understand their relationship with the brand.

What Are The Disclosure Requirements for Social Media Posts?

As we mentioned, the FTC has guidelines for the disclosure of sponsored content on social media. B2B influencers should make sure that their disclosures are clear and conspicuous, so their audience can easily understand when a post is sponsored or when the influencer has a material connection with the brand.

Use of hashtags: The FTC encourages the use of hashtags such as #ad, #sponsored, or #partner to indicate that a post is sponsored. These hashtags should be placed at the beginning of the post or in close proximity to the sponsored content.
Language: The disclosure should be clear and conspicuous, and it should be in language that is easily understood by the audience. For example, “I was compensated to post this” or “I received a free product to review” would be considered clear and conspicuous.
Placement: The disclosure should be placed close to the sponsored content, so that it is easy for the audience to notice. For example, if the disclosure is in a caption or a comment, it should be placed at the beginning, rather than at the end.
Video content: For sponsored video content, the disclosure should be verbally stated or written on the screen at the beginning or end of the video.
Stories: For sponsored stories on platforms such as Instagram or Snapchat, the disclosure should be placed at the beginning of the story, as well as in the profile bio.

Remember that FTC guidelines require that the disclosures be clear and conspicuous, so influencers should make sure that their disclosures are easily visible and easy to understand. Influencers should also be aware of the platform-specific guidelines. For example, Instagram has its own guidelines for influencer marketing, which influencers should comply with.

Let’s review each of the major social media platforms:

Instagram

Instagram’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous. Additionally, Instagram’s guideline prohibit influencers from buying, selling, or transferring likes, comments, or followers.

Facebook

Facebook’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous. Additionally, Facebook’s guidelines prohibit influencers from buying, selling, or transferring likes, comments, or followers.

YouTube

YouTube’s guidelines for influencer marketing require that influencers clearly disclose when a video is sponsored or when they have a material connection with a brand. They recommend using verbal or written disclosures at the beginning or end of the video, and to ensure that the disclosure is clear and conspicuous. Additionally, YouTube’s guideline prohibit influencers from buying, selling, or transferring likes, comments, or followers.

TikTok

TikTok’s guidelines for influencer marketing require that influencers clearly disclose when a video is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous. Additionally, TikTok’s guidelines prohibit influencers from buying, selling, or transferring views, likes, comments, or followers.

Twitter

Twitter’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous. Additionally, Twitter’s guidelines prohibit influencers from buying, selling, or transferring likes, comments, or followers.

LinkedIn’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous.

Pinterest’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous.

Snapchat

Snapchat’s guidelines for influencer marketing require that influencers clearly disclose when a post is sponsored or when they have a material connection with a brand. They recommend using hashtags such as #ad or #sponsored to indicate that a post is sponsored, and to ensure that the disclosure is clear and conspicuous.

Are There Differences Between B2B Influencer Regulations and B2C Influencer Regulations?

The FTC guidelines for influencer marketing apply to both B2B and B2C influencers. However, there may be some differences in the way that these regulations are applied to B2B and B2C influencers.

B2B influencers typically target other businesses and professionals, whereas B2C influencers target consumers. The FTC guidelines apply to both types of influencers, but the context in which the content is presented may be different. For example, a B2B influencer may provide a more detailed and technical review of a product or service, whereas a B2C influencer may focus more on the product’s aesthetic appeal.
B2B influencers may have more complex relationships with the brands they promote, such as partnerships, joint ventures, and other business arrangements, whereas B2C influencers may have more simple relationships, such as sponsorships or paid promotions. The FTC guidelines apply to all types of relationships, but B2B influencers may need to disclose more information to their audience.
B2B influencers may target a more niche audience than B2C influencers, who may have a wider audience. This means that B2B influencers may have fewer followers, but they may have more credibility and expertise in their niche. The FTC guidelines apply to all influencers regardless of the size of their audience, but B2B influencers may have more specialized knowledge and may need to provide more detailed information to their audience.

Now, the fourth regulation from the FTC we mentioned above stated that, “influencers must be aware of the guidelines when using endorsements from other people or organizations. If an influencer uses an endorsement from another person or organization, they must disclose that the endorsement is not representative of the views of the general public.”

Let’s explore what that means with a few examples.

An Example of the Use of an Endorsement From Someone Else

An endorsement from someone else is a statement made by another person or organization that supports or promotes a product, service, or company. B2B influencers can use endorsements from other people or organizations as a way to build credibility and trust with their audience.

For example, a B2B influencer in the field of business software may use an endorsement from a well-known industry expert or a client who has successfully implemented the software in their business. The endorsement could be in the form of a testimonial, a quote, or a video where the person or organization expresses their satisfaction with the software.

Another example is a B2B influencer in the field of marketing, who uses an endorsement from a well-known marketing agency or a reputable brand that has successfully worked with the agency. The endorsement could be in the form of a statement, a logo or a quote from the agency expressing their satisfaction with the services provided.

An Example of an Endorsement Incorrectly Cited

An endorsement that wasn’t correctly cited would be one where the B2B influencer does not clearly identify the source of the endorsement, or presents it in a way that misleads the audience into thinking it’s an independent or unbiased endorsement.

For example, a B2B influencer in the field of business software may use a quote from a client or industry expert in their content but does not mention the name of the person or organization who gave the quote. This would be considered as an endorsement that wasn’t correctly cited, as it does not clearly identify the source of the endorsement and may mislead the audience into thinking it’s an independent or unbiased endorsement.

Another example could be a B2B influencer in the field of marketing, who uses an endorsement from a well-known marketing agency or a reputable brand that has successfully worked with the agency. However, the influencer does not mention the relationship between the agency and the brand, and presents it as an independent recommendation. This would be considered as an endorsement that wasn’t correctly cited, as it does not clearly identify the relationship between the agency and the brand and may mislead the audience into thinking it’s an unbiased endorsement.

Resources or Tools B2B Influencers Can Use to Ensure Awareness & Compliance

We’ve covered a lot and, you might be feeling overwhelmed at this point. Fortunately, B2B influencers can use various resources and tools to ensure awareness and compliance with regulations, such as:

The Federal Trade Commission (FTC) website: The FTC website provides detailed information on its guidelines for influencer marketing, including best practices and examples of compliance.
Legal counsel: Consulting with a lawyer who specializes in advertising and marketing law can provide B2B influencers with guidance on compliance with laws and regulations, as well as help them to draft and review contracts and agreements.
Compliance software: There are various compliance software available that can help B2B influencers to automate the disclosure of sponsored content and manage their relationships with brands.
Industry organizations: Joining industry organizations such as the Influencer Marketing Association (IMA) or the Word of Mouth Marketing Association (WOMMA) can provide B2B influencers with access to industry-specific information and resources on compliance with laws and regulations.
Online resources: There are various online resources such as blogs, podcasts, webinars and online communities that can provide B2B influencers with updated information about laws and regulations.
Social media platform guidelines: B2B influencers should also be aware of the platform-specific guidelines, such as Instagram which we mentioned above, all of which can be found within their corporate communication and websites.

Compliance Software for B2B Influencer Marketing

Let’s explore some of the specific options available for compliance software that can help B2B influencers to automate the disclosure of sponsored content and manage their relationships with brands. Here are a few examples:

AspireIQ: This software helps B2B influencers to find, manage, and measure the performance of brand partnerships. It allows influencers to automate the disclosure of sponsored content and provides analytics to measure the success of campaigns.
Influencer.co: This software helps B2B influencers to find and collaborate with brands, as well as automate the disclosure of sponsored content. It also provides analytics to measure the success of campaigns.
Tapinfluence: This software helps B2B influencers to find and collaborate with brands, as well as automate the disclosure of sponsored content. It also provides analytics to measure the success of campaigns.
Mavrck: This software helps B2B influencers to find and collaborate with brands, as well as automate the disclosure of sponsored content. It also provides analytics to measure the success of campaigns.
Traackr: This software helps B2B influencers to find and collaborate with brands, as well as automate the disclosure of sponsored content. It also provides analytics to measure the success of campaigns.
IZEA: This software helps B2B influencers to find and collaborate with brands, as well as automate the disclosure of sponsored content. It also provides analytics to measure the success of campaigns.

Blogs or Podcasts for B2B Influencer Marketing

There are various blogs and podcasts that can provide B2B influencers with updated information about laws and regulations in the influencer marketing industry. Here are a few examples:

The Influencer Attorney: This blog provides legal insights on influencer marketing and the business of being an influencer.
Influencer Marketing Hub: This blog provides information about influencer marketing strategies, best practices, and legal compliance.
Winfluence: This podcast by Jason Falls provides information and best practices in influencer marketing.
Social Media Law Bulletin: This blog provides legal insights and updates on social media laws and regulations.
Partnership Unpacked: This podcast, hosted by Mike Allton and powered by Agorapulse, dives into all aspects of partnerships, from affiliate marketing to influencer marketing to brand partnerships and collaboration.

Wrapping Up

In conclusion, B2B influencer marketing is a powerful tool for businesses of all sizes to reach their target audience, but it’s essential that influencers understand the regulations and guidelines that govern the way they promote products and services. The FTC guidelines for B2B influencers, as well as other laws and regulations, should be studied and implemented to ensure compliance. By staying informed and up to date with industry regulations, B2B influencers can build a sustainable and successful business.

To support B2B influencers in their journey, the Influencer Incubator program offers a community and group coaching program that provides a platform to stay abreast of industry changes and best practices. Our community of experts will help you navigate the legal landscape of influencer marketing and provide you with the tools and resources you need to build a successful business. Join our community today and take the first step towards a successful B2B influencer career.