The Competition and Consumer Protection Commission (CCPC) has signed a new data-sharing agreement with the Advertising Standards Authority (ASA), aimed at strengthening regulatory oversight of social media advertising in Ireland.
The agreement will allow the ASA to share information it receives through its online reporting portal with the CCPC, in line with data protection law. This will give the statutory body greater access to public reports of potential breaches of consumer protection law.
Under Irish consumer protection law, social media influencers must not mislead consumers through unfair practices such as hidden or mislabelled advertising. Posts of a commercial nature must be clearly labelled as advertising. However, even properly labelled content can still breach the law if it is false or misleading.
The new arrangement means that where the ASA receives reports of suspected breaches, it can now pass these to the CCPC for further investigation. The CCPC has a range of enforcement powers at its disposal, including compliance notices, fixed payment notices, undertakings, prohibition orders, and prosecution.
Patrick Kenny, commission member at the CCPC, said the agreement would strengthen consumer protection in online spaces:
“Consumer law protects consumers when engaging with the commercial content posted by online influencers. Commercial content from influencers must be clearly labelled as such and must also not be misleading. With the ASA, we have produced guidance for influencers to help them follow the law. This year we issued our first compliance notices against two prominent influencers. We continue to monitor this sector closely and will act where we see breaches here.
“The new data-sharing agreement allows the ASA to share reports from the public and will support us in protecting consumers when it comes to social media advertising.”
ASA chief executive Orla Twomey welcomed the move, describing it as “a significant step towards enhancing regulatory outcomes for consumers in Ireland, ensuring a strong, responsive and resilient framework for the future.”
The agreement follows the publication of new guidelines for influencers and social media advertisers by both bodies in October 2023.
Consumers who are concerned about suspected false or misleading advertising can continue to report issues directly to the CCPC.
