AGCM, Loi Influence, CONAR: the creator-disclosure landscape going into Q3 2026
Where regulators are this spring across Spain, France, Brazil, Mexico, and the UK. What changed in Q2, what's coming in Q3, and what to enforce at the brief layer.
A working snapshot of where creator-disclosure regulators stand across our priority markets this spring, what's tightened in Q2, and what to expect in Q3 2026.
Spain — AGCM
Status: actively enforcing. AGCM has continued issuing per-post fines against brands running campaigns without compliant Spanish-language disclosure. The pattern in Q2: fines are stacking on the brand, not the creator, which inverts the older assumption that the creator carries the disclosure risk.
What to enforce: AGCM-compliant Spanish disclosure language at draft approval. Posts addressed to ES audiences cannot ship without it.
France — Loi Influence + ARPP
Status: per-post fine schedule active. Loi Influence makes brands jointly liable with creators for non-compliant disclosure, and the per-post fine schedule has been enforced through Q2. ARPP issued additional guidance in April clarifying language requirements for medical, financial, and gambling-adjacent product categories.
What to enforce: ARPP-compliant FR disclosure, plus category-specific clauses where applicable. Treat France as the strictest market in EU.
United Kingdom — ASA / CAP Code
Status: stable. #ad placement rules unchanged, but ASA continues to issue rulings on
"unclear disclosure" cases — typically where #ad is buried in a hashtag cluster
rather than placed first. Treat the rule as "leading #ad," not just "include #ad."
Brazil — CONAR
Status: tightening. CONAR has been issuing rulings against #publi placement in
unclear positions; clearer guidance is expected in Q3. We're already encoding
"leading #publi or #publicidade" at draft approval for BR audiences.
Mexico — Profeco
Status: emerging. Profeco signaled in Q1 that creator-disclosure enforcement would ramp through 2026. Q2 has been quiet on the enforcement side, but the direction is clear. We're tracking guidance and preparing to encode it at the brief layer once issued.
Cross-border campaigns
The most-asked operational question in spring 2026: which jurisdiction's rules apply when an EU creator addresses a LATAM audience, or vice versa? Working answer: both. Encode the stricter of the two at draft approval. This is more conservative than the law requires in some interpretations, but it's the only stance that doesn't expose the brand to overlapping jurisdiction risk.
What to do in your platform
- Encode per-region disclosure language as part of the brief schema, not as creator guidance.
- Block draft approval if disclosure language isn't present or compliant.
- Surface a per-campaign audit log to legal — what was required, what was approved, what got flagged.
- Track regulator-specific updates per market and version the encoded language.
The cost of getting disclosure wrong is moving from "wrist-slap" to "material fine, per post" across most of our markets. Enforcement at the platform layer is no longer optional for serious operators.
Related field notes.
A field note from the cyrqle team in Madrid on what's actually moving across the LATAM creator economy this spring — language, payments, regulation.
Most creator-AI is English-trained, English-evaluated, and English-deployed. The cluster you'd build for a Mexican audience looks nothing like one for a US audience — and the math knows it.
Follower count is a vanity input that still drives most influencer-marketing tools. Cluster signal — audience behavior, not creator self-description — is the only input that maps to attributable revenue.