Influencers y la responsabilidad económica y social: análisis comparado desde el derecho de competencia

Abstract

This doctrinal and analytical article examines the influencer as a new agent of economic and social influence within the digital market and analyzes the limits of their legal responsibility. Through a comparative analysis of regulations in France, Italy, Spain, the United States, and Germany, as well as cases selected for their economic, social, and media impact, it argues that influencers have gone beyond the role of mere advertising intermediaries, influencing consumer decisions, corporate reputation, and social values, particularly among young or vulnerable audiences. The study shows that comparative regulation has mainly focused on covert or misleading advertising, while leaving the structural effects of digital influence insufficiently addressed. In response, the article proposes an approach grounded in Competition Law, analogically applying the concept of dominant position to identify potential distortions.