The legal keys for the future of digital advertising: guide for brands, agencies, and influencers

Articles29 October 2025
As part of the I Congress of Advertising Regulation, held at the ECIJA Auditorium, the Legal Guide 2025 was presented: “Digital Advertising: platforms, consumer protection, and intellectual property”, jointly developed by ECIJA and IAB Spain.

The ECIJA Auditorium was the setting for the first Congress of Advertising Regulation, a meeting that brought together experts from the legal, institutional, and business fields to discuss the regulatory challenges of digital advertising.


During the event, the Legal Guide 2025 was presented, a report prepared by ECIJA in collaboration with IAB Spain, which addresses the keys to ensuring transparency, consumer protection, and regulatory compliance in the new era of commercial communication.


The event was inaugurated by Alejandro Touriño, managing partner of ECIJA, and Reyes Justribó, general director of IAB Spain and president of IAB Europe.


“Working together has been a pleasure and a demonstration of teamwork”, Justribó emphasized during the opening.


With a digital advertising investment that could reach 5.9 billion euros by 2025, the sector reinforces its role as an economic and social engine. However, this growth demands a greater understanding of the legal obligations affecting advertisers, agencies, platforms, and content creators.


The guide: a practical tool for the advertising ecosystem

The presentation of the guide was conducted by Gonzalo Martínez, head of Legal and Institutional Relations at IAB Spain, and Javier Arnaiz, lawyer in the Technology, Media and Telecommunications (TMT) area at ECIJA.


With a visual format and accessible language, the Legal Guide 2025 synthesizes the main criteria, recommendations, and practical guidelines for carrying out safe and legally compliant digital advertising campaigns in 45 pages.


“The Internet and networks have always existed, but it is the usage that has evolved”, noted Arnaiz, emphasizing the need for dynamic and understandable regulation.


The document offers guidance on social media advertising, intellectual property, data handling, transparency, marked content, and consumer protection, reminding that all collaborations with influencers must be clearly identified through tags such as #advertising or #collaboration, especially in content aimed at minors.


Among the emerging topics, the impact of artificial intelligence, influencer marketing, and political and social advertising stand out, areas in which growing regulatory development is anticipated.


Self-regulation and the professionalization of influencer marketing

José Domingo Gómez, general director of Self-regulation, addressed advances in advertising self-regulation, highlighting the new Basic Training Certificate for influencers and the ethical and legal advisory tools (such as Copy Advice).

According to Gómez, “the professionalization of content creators requires training, responsibility, and compliance, just like any other medium.”


Self-regulation reminded that influencers with more than one million followers or income exceeding 300,000 euros annually are subject to mandatory registration with the CNMC, which has already assumed supervisory and sanctioning powers in this area.


AI and consumer protection: the perspective of platforms and brands

The program also included a presentation by José Ángel García, Deputy Director of Audiovisual at CNMC, on the role of platforms in consumer protection, and a round table moderated by Reyes Justribó (IAB Spain) with representatives from Spotify, IPG Mediabrands, Prisa Media, and Heineken, who analyzed the challenges of artificial intelligence in creativity and digital advertising.


Conclusion

The Congress and the presentation of the Legal Guide 2025 reaffirm the commitment of ECIJA and IAB Spain to transparency, ethics, and sustainability in the digital advertising ecosystem.


The guide is available for download and constitutes an essential resource for marketing professionals, agencies, brands, and influencers seeking to act in compliance with current regulations in an increasingly complex digital environment.


Access the complete guide here.

Access the full article here.

Una multitud de personas cruza una intersección peatonal en una ciudad moderna durante la noche.

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