Influencer marketing has become a dominant force in the Swedish digital landscape, prompting regulatory scrutiny from the Swedish Consumer Agency (Konsumentverket). In its most recent report (Redovisningsrapport 2026:3 Marknadsföring via influencers) Konsumentverket has identified significant shortcomings in how influencer marketing is conducted, especially concerning transparency and advertising disclosure. The report highlights several legal challenges and ongoing developments concerning the enforcement of marketing laws in relation to influencers.
At the core of Swedish marketing regulation is the Marketing Act (Marknadsföringslagen), which mandates that all commercial content must be clearly identifiable as advertising. The law forbids misleading or aggressive marketing practices and requires that advertisements be marked in a way that is immediately understandable to the average consumer. This requirement applies regardless of the platform or medium, making the regulation technology-neutral.
One of the main legal concerns is the widespread occurrence of hidden advertising. Influencers often blend personal and commercial content, making it difficult for followers—especially minors—to distinguish between genuine recommendations and paid promotions. The courts have clarified that terms like “collaboration” or “ad” are insufficient for advertising disclosure; the marking must be explicit and prominent, such as using “advertisement” or “sponsored” at the beginning of posts.
Swedish law imposes additional restrictions on marketing certain product categories, including alcohol, tobacco, gambling, and financial services. For example, advertising tobacco and electronic cigarettes is prohibited on digital platforms, and alcohol marketing must not target or portray individuals under 25 years of age. Influencers are subject to these special regulations, and violations can result in significant penalties.
The legal responsibility for compliance lies both with influencers and the companies that commission or facilitate influencer campaigns. Courts have established that influencers and their companies are liable for ensuring accurate advertising disclosures and for the truthfulness of product claims. Compensation may not only be monetary but can include gifts, trips, or barter agreements, which also trigger legal obligations for disclosure.
Legal cases in Sweden have clarified that even when influencers promote their own brands or businesses, the content is considered commercial and must comply with advertising laws. The courts have also ruled that extra posts published outside formal agreements may still constitute marketing if they are of commercial benefit to the advertiser.
Konsumentverket conducts regular oversight, investigates complaints, and pursues legal actions against violations. It has issued prohibition orders with substantial fines for influencers failing to disclose advertisements properly. Precedent-setting court decisions strengthen regulatory practice and provide clearer guidance to the industry.
Konsumentverket emphasizes the importance of a developed legal praxis, as it enables more efficient enforcement and better information for market actors. Ongoing collaboration with EU authorities and the adoption of EU directives (such as the Unfair Commercial Practices Directive) ensure harmonized standards across borders.
While the legal framework is robust, Konsumentverket notes persistent knowledge gaps among influencers and advertisers regarding practical compliance. The agency encourages industry actors to take greater responsibility for understanding and applying the law, and supports self-regulation efforts such as industry guidelines and certification programs.
The legal aspects of influencer marketing in Sweden are well-defined, with clear requirements for advertising disclosure, special regulations for sensitive products, and established liability for influencers and advertisers. The challenge remains in practical enforcement and ensuring industry-wide understanding and compliance. Konsumentverket will continue to prioritize oversight, legal action, and information campaigns, especially those targeting children and youth, and advocate for harmonized EU regulation to address evolving digital marketing practices.
