The agreement will enable the ASA to share information it receives through its online reporting portal while remaining in line with data protection laws, giving the CCPC greater access to reports from the public of potential breaches of the law.

Under consumer protection law, social media influencers must not mislead consumers through unfair practices such as hidden or mislabelled advertising, or they could breach consumer protection law. This means they must clearly label posts that are commercial in nature.

A social media post may still breach consumer protection law even if it is properly labelled if the content is false or misleading. 

The new data-sharing agreement means ASA will have the ability to share information regarding suspected breaches, which the CCPC may investigate further. 

The CCPC, as a statutory body, has a range of enforcement tools to ensure that consumer protection law is adhered to, including compliance notices, fixed payment notices, undertakings, prohibition orders and prosecution.

Patrick Kenny, commission member at the CCPC, said: “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.”

Orla Twomey, chief executive of the ASA, said: “We are delighted to formalise this data-sharing agreement, which marks a significant step towards enhancing regulatory outcomes for consumers in Ireland, ensuring a strong, responsive and resilient framework for the future.

“Social media advertising has been a key area of our focus, and this agreement is a further strengthening of cooperation between ASA and CCPC.”

Anyone concerned about suspected false or misleading advertising can contact the CCPC directly.

The agreement follows the publishing of new guidelines for influencers and social media advertisers by ASA and CCPC in October 2023.