Original scientific paper
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.7
Can an Influencer Be a Commercial Agent?
Sebastjan Kerčmar
; Dr. Kerčmar & Partners Law Firm, Slovenia
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* Corresponding author.
Abstract
This paper deals with the question of whether an influencer who markets products or services on social media on behalf of a client can acquire the legal status of a commercial agent. The author analyses the Slovenian, German, and Italian regimes and frames them within the context of the EU Commercial Agents Directive. The methodological approach is based on an analysis of sources of law and case law, taking into consideration the particularities of the digital environment. The author concludes that, in principle, anyone who satisfies the criteria laid down by the Commercial Agents Directive and the associated national legislation can be a commercial agent, including an influencer. The author finds that the current legislation governing commercial agency law is substantively sufficient to deal with new forms of agency, but that certain outstanding issues and differences in practice necessitate the development of uniform and clear case law.
Keywords
influencer; commercial agent, commission; indemnity; Directive 86/653/EEC.
Hrčak ID:
350943
URI
Publication date:
15.9.2026.
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