That is only partly true. And the part that is missing is the one that matters most.
The legislation in question is EU Directive 2024/825, transposed into Italian law through Legislative Decree 30/2026. It has been in force since March 24, 2026, but will become fully enforceable from September 27. From that date, the AGCM will be able to prohibit unfair commercial practices and impose financial penalties.
The key is understanding what this legislation is actually about. Because, despite appearances, it is not a law specifically about transparency in sponsored content. It is something else. And anyone who works with creators should understand it before September 27, rather than after receiving their first formal complaint.
What the Legislation Actually Says
Directive 2024/825 has a name that explains its purpose: “Empowering Consumers for the Green Transition.” It was created to protect consumers from greenwashing, meaning communication that makes a product appear more sustainable than it actually is.
The Italian decree amends the Consumer Code. It introduces precise definitions for environmental claims, sustainability labels, durability, and repairability. It also establishes a simple rule: generic environmental claims that are unsubstantiated and uncertified become unfair commercial practices.
“Environmentally friendly.” “Eco.” “Green.” “Carbon neutral.” If these claims are not supported by a recognized certification scheme or concrete evidence, they can no longer be used. This is not a recommendation. It is a prohibition, and those who violate it may be held accountable before the AGCM.
This is the core of the legislation. Not the #ad tag.
Why, Then, Is It Being Described as a Law About Influencers?
Because today, one of the main ways consumers encounter these messages is through sponsored content. A Reel. A Story. A post from a creator recommending a product.
The company commissioning the content bears primary responsibility for the truthfulness of the claims being made. But it is not the only responsible party. The agency acting as an intermediary is accountable for the content it produces. And the influencer publishing the content is responsible for the claims they make. Three parties, one standard of truth to uphold.
In practical terms, a creator who describes a product as “sustainable” in paid content without having evidence or certification to support that claim is not simply doing the brand a favor. They may also be exposing themselves to legal risk.
How many times have you seen an environmental claim casually added to a caption without any supporting source? Until recently, it might have been considered somewhat careless marketing. From September 27, it can become a sanctionable commercial practice.
The #Ad Tag Is Not the Real Change
This is worth stating clearly because it is precisely where many headlines are getting the story wrong.
The obligation to make advertising content clearly recognizable is not new. It already exists. The Consumer Code and AGCOM guidelines have required transparency around commercial content for years. Sponsored posts must be identifiable as advertising, and this requirement existed before this directive.
What changes with Legislative Decree 30/2026 is not “disclose that this is advertising.” It is “prove what you are claiming” when those claims concern environmental characteristics.
Confusing these two issues means preparing for the wrong problem. An agency that only checks whether #ad appears in a post but fails to verify the environmental claims contained in the content may be compliant with the existing requirement while remaining exposed under the new rules.
What to Do Now, in Practical Terms
There is no need to panic. What is needed is a process.
For companies, the work begins before the campaign launches. Every environmental claim that will appear in a piece of content should be supported by evidence or a documented certification. If the evidence does not exist, the claim should not enter the brief. This prevents the problem from being passed down the chain and ultimately landing on the creator.
For agencies, the key issue is oversight. Contracts with both clients and influencers should clearly establish who is responsible for validating each element. A specific verification step for environmental claims should be incorporated into the production workflow, just as copy and visual approvals already are.
For creators, the rule is even simpler. If a brand asks you to say that its product is green, ask for the supporting certification or evidence. If it does not exist, rewrite the content so that it describes the product for what it is, without using environmental labels that cannot be substantiated. Your reputation and your responsibility travel with the content. They do not remain solely with the client.
The Bigger Picture
There is a reason Europe is moving in this direction, and it is worth putting the change into context.
Social media is no longer a separate territory from other forms of media. The rules that apply to a television commercial or a newspaper advertisement also apply to a Reel. It is a principle that may seem obvious, yet for years it has been applied with considerable flexibility.
There is also a new dimension to consider: generative artificial intelligence and virtual profiles, which make it even more important to understand who is making a claim and what evidence supports it. It is no coincidence that the push toward greater transparency and verifiability is happening now.
Anyone who takes this work seriously should not view September 27 as a threat. Quite the opposite. When regulations raise the standard for truthfulness, those who have always worked with accurate data and substantiated claims gain ground over those who have relied on empty slogans.
For once, transparency rewards those who were already transparent.
