Advertising with influencers in Colombia: rules and best practices

Anyone doing influencer marketing in Colombia should know the basic advertising rules. Here we summarize the essentials and how to put them into practice.

General framework

• Consumer Statute (Law 1480 of 2011): regulates information and advertising aimed at consumers, and penalizes misleading advertising.
• SIC best-practices guide: the Superintendence of Industry and Commerce has published guidance on advertising through influencers, focused on making sure the public clearly identifies when there is a commercial relationship.
• Personal data protection (Law 1581 of 2012): relevant if your campaign collects participants' data, for example in contests or forms.

What it means in practice

1. Identify the advertising: paid content or content with benefits must be presented as such, with clear text like "publicidad" (advertising) or "pauta" (paid), in a visible place and in the same language as the content.
2. Truthful information: claims about the product must be verifiable. Avoid exaggerated promises or results you can't back up.
3. Shared responsibility: both the brand and the creator have a role in keeping advertising transparent.
4. Promotion and contest conditions: if there are giveaways or discounts, the conditions must be clear and available.
5. Personal data: if you collect data, obtain authorization and explain how it will be processed.

How to reflect it in your contracts

• A clause requiring the collaboration to be identified as advertising.
• A list of permitted and prohibited claims about the product.
• Prior approval of the content by the brand.
• Usage rights and deadlines in writing.
• The obligation to keep the published content up for the agreed period.

Examples of advertising identification

• "Publicidad" or "Pauta" at the start of the caption, visible without having to open "see more."
• "Content paid by [brand]" in the post and mentioned in the video.
• "Product sent by [brand]" when there was no payment but there was a benefit.

What matters is that the audience understands it at first glance; if in doubt, go with the clearest option.

What to document to protect your brand

• The brief and the instructions sent to the creator.
• Content approvals before publishing.
• Screenshots of the final posts with their dates.
• The signed agreement with usage rights and disclosure obligations.

How to stay up to date

Periodically check SIC publications and those of advertising trade groups, and have a lawyer review any campaign that includes promotions, contests, health, finance or audiences under 18, where additional rules usually apply.

Common mistakes

• Publishing paid content with no sign that it is.
• Using only ambiguous labels or ones hidden at the end of a long caption.
• Promising guaranteed results in health, beauty or finance.
• Not leaving clear written instructions for the creator.

If your campaign also targets audiences in the U.S., review the FTC rules. To organize your campaign from start to finish, see the step-by-step for campaigns in Colombia.