Civil liability of influencers under uruguayan law

Abstract

This paper analyzes the civil liability of influencers under Uruguayan law for damages they may cause to consumers through the promotion of products or services on social media. Given the absence of specific regulations governing this activity in the Uruguayan legal system, the paper examines how it is addressed in comparative law (Spain, France, and Italy); the duties of disclosure, accuracy, and transparency required of them under Law No. 17.250; the applicable attribution factor; the causal link between their conduct and the harm; as well as the potential liability of the trademark owner, representative, or licensee for the influencer’s actions. Finally, it is argued that the influencer’s liability is governed by the rules of extracontractual civil liability (Article 1319 of the Civil Code) and, in principle, is based on a subjective attribution factor.