Influencer Marketing in Ireland - A new era of regulation and what it means for you

Once the Wild West of advertising, influencer marketing in Ireland has matured into a powerful commercial channel now firmly under the watchful eye of regulators. Recent developments in tax treatment, advertising standards, and enforcement powers show that the era of casual, unlabelled promotions is over.

For influencers, brands, and agencies, the message is clear: transparency is not just good practice, it is a legal requirement. The consequences of getting it wrong are now tangible, with reputational damage often accompanying regulatory sanctions.

1. Regulation

In Ireland, the regulation of influencer marketing is shared between two key bodies. 

• The Advertising Standards Authority (ASA) is a self-regulatory body responsible for enforcing the Code of Standards for Advertising and Marketing Communications. It oversees the transparency and accuracy of advertising, including influencer content, and can issue rulings and publicise non-compliance.
• The Competition and Consumer Protection Commission (CCPC) is the statutory authority charged with enforcing consumer protection law under the Consumer Protection Act 2007. The Act prohibits misleading commercial practices, including hidden advertising, and empowers the CCPC to investigate, issue compliance and fixed payment notices, seek undertakings, and prosecute offences.

Together, these bodies form a dual enforcement framework. The ASA sets and monitors advertising standards, while the CCPC can take legal action where breaches of consumer law occur.

2. October 2023 Joint Guidelines – “If in Doubt, Label It”

In October 20123, the ASA and CCPC jointly issued updated Guidance for Influencers Advertising and Marketing to clarify exactly what is expected of influencers. 

The rules require:

• Clear, upfront labelling of all commercial content.
• Use of #Ad or an equivalent disclosure that is visible without clicking “see more.”
• Application of the rules to:
  • Paid promotions
  • Gifted items with an expectation of promotion
  • Promotion of own-brand products or services
• Labelling that is immediate, prominent, and unambiguous.
• Recognition that even properly labelled content can breach the law if it is false or misleading.

The guidance reflects the Consumer Protection Act 2007’s core principle that consumers must not be misled and is unambiguous. If there is any doubt about whether content is advertising, it must be labelled as such.

3. Enforcement in Action 

Recent enforcement activity shows that the CCPC is prepared to use its statutory powers. In one coordinated compliance sweep, 26 influencers across multiple sectors were reminded of their obligations under the Consumer Protection Act 2007 to clearly label commercial content. High-profile figures Brian O’Driscoll, former professional rugby player, and Caroline O’Mahony, fitness coach, were later served with compliance notices when it was found that posts on their accounts continued to breach consumer law.

In July 2025, celebrity chef Donal Skehan was also issued with a compliance notice by the CCPC for failing to adequately label a paid promotion on Instagram for his own brand, Wind Shore Goods. The CCPC found that:

• Posts did not use appropriate disclosure labels such as “Ad” or “#Ad.”
• All future paid promotions, including those for his own brand, must be clearly labelled.

The CCPC has confirmed that it has several investigations ongoing in relation to influencers and further outcomes are expected. These cases are high-profile reminders that the CCPC is prepared to take public enforcement action against well-known figures. The reputational impact can be as damaging as the legal consequences.

4. CCPC and ASA – A Stronger Enforcement Partnership

The enforcement landscape has also recently been strengthened by the new data-sharing agreement signed by the CCPC and the ASA in August 2025.

Under this arrangement:

• The ASA can share with the CCPC the names, images, and social media handles of influencers who repeatedly fail to comply with advertising rules.
• The CCPC can then investigate potential breaches of consumer protection law, which prohibits misleading or hidden advertising.
• The CCPC’s enforcement toolkit includes compliance notices, fixed payment notices, undertakings, prohibition orders, and prosecution.

This partnership signals a shift from reliance on “name and shame” tactics to coordinated statutory enforcement, increasing the likelihood of legal consequences for persistent non-compliance.

5. Sanctions and Consequences for Non-Compliance

Influencers who fail to comply with advertising and consumer protection rules in Ireland face a range of legal and reputational consequences. Under the Consumer Protection Act 2007, the CCPC has broad enforcement powers to respond to misleading or hidden advertising. These include:

• Compliance Notices: Formal written directions requiring the influencer to cease or amend misleading practices. These are often issued following investigation and may be made public.
• Fixed Payment Notices: On-the-spot fines for breaches of consumer law. While modest in value, they carry reputational weight and signal formal enforcement.
• Undertakings: Legally binding commitments by the influencer to comply with the law going forward. Breach of an undertaking can escalate to more serious sanctions.
• Prohibition Orders: Court orders preventing the continuation of unlawful practices. These are reserved for serious or repeated breaches.
• Prosecution: In the most serious cases, the CCPC may initiate criminal proceedings. Conviction can result in fines of up to €4,000 or imprisonment up to 6 months on a first conviction.

In addition to statutory sanctions, influencers may also face public censure by the ASA, which publishes non-compliance rulings on its website and social media channels. These rulings are widely reported and can damage an influencer’s credibility, brand partnerships, and audience trust.

Importantly, enforcement is not limited to paid promotions. Failure to disclose gifted items, affiliate links, or own-brand endorsements can also trigger sanctions. As the regulatory landscape tightens, influencers must treat compliance as a core part of their professional practice, not an afterthought.

6. VAT and Taxation of Influencers in Ireland

Revenue has also issued detailed guidance on the VAT treatment of Social Media Influencers in July 2025. This confirmed that influencers are treated like any other business for VAT purposes.

Key points include:

• No special VAT regime exists for influencers.
• VAT registration is required once turnover exceeds €37,500 for services or €75,000 for goods.
• Taxable supplies include:
  • Sponsored posts and promotional services
  • Affiliate marketing income
  • Subscription and membership fees
  • Merchandise sales
  • Non-monetary benefits, such as hotel stays or products, where there is an obligation to promote. VAT is calculated on the market value of the benefit.
• Unsolicited gifts with no obligation to promote generally fall outside VAT.

This guidance sits alongside existing income tax and corporation tax rules, reinforcing that all income, whether cash or in-kind, is potentially taxable. Failure to account for tax liabilities can compound the risk of breaching the Consumer Protection Act 2007, as undeclared benefits may also be undisclosed advertising.

7. The UK Position – Key Differences

As Irish influencers reach will often stretch across the water into the UK, it’s also important to be aware of the UK regulations. While the UK’s approach is similar in principle, there are important distinctions:

Both jurisdictions place transparency at the heart of their regimes. The UK’s ASA/CMA partnership has been in place longer, and its CAP Code explicitly links “control” and “payment” to whether content is regulated as advertising.

8. Practical Takeaways

• Audit all content to ensure paid, gifted, or own-brand promotions are clearly labelled.
• Keep detailed records of agreements, benefits received, and VAT treatment.
• Understand cross-border rules if targeting audiences in both Ireland and the UK.
• Train teams and talent to ensure everyone understands disclosure obligations.
• Monitor developments closely, as both jurisdictions are actively refining their approach.

9. Conclusion

The regulatory environment for influencers in Ireland is evolving rapidly. Tax authorities, consumer protection bodies, and advertising regulators are now working in close alignment, and the UK’s longer-established framework offers a glimpse of where Ireland may be heading.

For influencers and brands, the compliance bar has been raised. Transparency is no longer optional, and the risks of getting it wrong extend beyond fines to reputational damage and loss of audience trust. However, those who embrace compliance will not only avoid sanctions but also strengthen their credibility with their followers.