Digital Advertising and Civil Liability: The Limits of Influencers’ Actions in Light of Consumer Law

Abstract

This article analyzes the legal limits of digital advertising within consumer relations, focusing on the civil liability of digital influencers. The popularization of social media has transformed market communication and created new forms of persuasion, in which influencers act as intermediaries between brands and consumers. The study seeks to understand to what extent such agents can be held liable for damages resulting from misleading or unlawful disclosures. To this end, it examines the constitutional and statutory foundations of consumer protection, especially the principles of objective good faith, transparency, and vulnerability. The research analyzes the objective liability established by the Consumer Defense Code (CDC) and the subjective liability provided in the Civil Code, highlighting the criteria for assigning damages in advertising relations. This qualitative and descriptive-analytical study is based on a bibliographical review, jurisprudential analysis, and practical case studies, aiming to demonstrate that influencers’ actions must comply with the same ethical and legal limits applicable to other forms of advertising. It concludes that the consolidation of clear accountability parameters is essential to ensure consumer trust, fair competition, and balance in digital relations.