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ESMA Sets Out Guidance for Finfluencers as National Regulators Echo the Warning

The EU-wide note clarifies that recommending specific investments counts as regulated advice requiring authorization.

Overview

  • ESMA urges creators to think before posting, be honest and clear, and avoid claiming expertise they do not have.
  • Paid promotions must be explicitly labeled with clear tags such as “advertising” or “sponsored,” with any conflicts of interest disclosed.
  • Authorities warn about high‑risk products including CFDs, forex, futures, some crowdfunding initiatives, and volatile crypto‑assets, and caution against big promises or urgency tactics.
  • Consob and other national regulators have relayed the guidance, stressing that boilerplate disclaimers do not protect unlicensed promoters.
  • Italy’s Agcom has opened a mandatory register for large influencers, with the first list expected in spring, and prior Antitrust fines for undisclosed promotions underscore enforcement.