Controlling Influencer Content Through Contracts: A Qualitative Empirical Study on the Swiss Influencer Market

This contribution aims to unveil a side of influencer marketing that remains under-explored: the control of content through private law mechanisms. As the influencer market is inherently transactional, it is important to understand what business practices define this industry from the perspective of how legal risks are divided among contracting parties. We do so by first looking into influencer marketing business practices and identifying the parties engaged in the supply chain of influencer marketing, and reflecting upon the commercial interests visible in these transactions. We further contribute to existing literature with qualitative empirical research based on a survey sent to Swiss influencer marketing agencies, to shed light on how contractual practices shape up in the supply chain, and how influencer contracts divide responsibility for posted content.