In a recent decision involving Netflix, the Spanish advertising regulatory body (AUTOCONTROL) had to carefully assess whether a seemingly simple Instagram post should be classified as hidden advertising or merely a recount of an influencer’s personal experience. AUTOCONTROL determined that the post did not aim at promoting Netflix products, services, or events, and that therefore no advertising occurred.
The Instagram post in question was shared by a Spanish actress and influencer and featured several photos from the Mutua Madrid Open tennis tournament, accompanied by a brief caption thanking Netflix for the invitation: “Thanks @netflixes for letting us enjoy this plan at @mutuamadridopen…”, along with mentions of the Instagram accounts of her co-stars.
The Spanish Association of Communication Users (“AUC“) filed a complaint alleging hidden advertising, arguing that reference to Netflix in the Instagram post objectively enhanced the brand’s visibility and, as a result, had a promotional effect.
Fourth Section of AUTOCONTROL’s Jury, acting as the body of first instance, rejected AUC’s reasoning in its decision of 19 December 2025. According to the AUTOCONTROL, the actress and influencer merely recounted her experience at an event with her colleagues and included an objective and completely neutral mention of Netflix as a brand that made her attendance possible, without any references to its products or services, or even to the series she stars in, and which is distributed by the platform.
AUC appealed the decision, arguing that the post mentions the actress’s co-stars from the series, which points to collaboration between the brand and the actress behind the latter’s Instagram post. AUC also argued that the possibility of entry to the event could be regarded as consideration from Netflix to the influencer. The issue of consideration is crucial in the assessments of influencer marketing because receipt of some form of consideration by the influencer indicates that there is a commercial relationship between a brand and the influencer who advertises its product or service. The failure to clearly disclose the commercial relationship in an influencer’s content or practice could amount to a misleading practice, as the term is defined in the EU Unfair Commercial Practices Directive (2005).
On 30 January 2026, the Plenary Session of AUTOCONTROL upheld the first‑instance decision on two grounds.
First, the mention of Netflix is merely incidental and contextual, without any discernible promotional purpose or objective contribution to brand awareness. The actress simply expressed gratitude for being invited to a third-party event and shared photos capturing a personal day at the Mutua Madrid Open. The post did not reference Netflix’s products, services, or series in which she appeared.
Secondly, the actress’s participation in a Netflix-distributed series was insufficient to infer the existence of advertising collaboration. The content of the post did not suggest that the actress’s attendance at the event was related to a professional activity undertaken within the framework of employment or a promotional relationship with Netflix. Rather, the post solely reflected that her attendance was based on the brand’s invitation. Moreover, the Plenary noted that even if an advertisement agreement between the actress and Netflix existed, it would not, by itself, transform the post into advertising because the content of the post is not aimed at the brand’s products or services.
This case demonstrates how delicate and context-dependent the line can be between an influencer’s usual content and advertising that requires disclosure. Numerous EU Member States, including Spain, have already implemented codes of conduct to regulate influencer marketing. Decisions such as this will, in the future, contribute to clarifying which influencer activities constitute advertising and therefore require appropriate disclosure.
