Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent intervention of the Court of Rome is of particular interest. In its judgment no. 2615 of 4 March 2024, the Court expressed its opinion on the classification of the collaboration relationship between influencer and client Company, considered analogous to the contractual regime of the agency relationship under Article 1742 and following, Italian Civil Code.
In the case considered, the Court of Rome held that the professional “was actually carrying out sales promotion activities where the remuneration was determined by the orders directly procured and successfully completed by the collaborator”, and was able to grant discounts to follower users.
This is notwithstanding the claimant Company’s arguments that the conditions necessary to classify the influencers as Commercial Agents were missing on the basis of the following factors: the existence of a permanent professional services contract under which the services were provided, the absence of a permanent on-going appointment for the promotion and conclusion on behalf of the Company of sales contracts in a specific area, and the absence of a specified scope of work, which is typical of the contract referred to in Article 1742 of the Italian Civil Code.
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