The legal implications of disclaimers used by finfluencers

Abstract:The emergence of “finfluencers” in the financial sector has raised critical concerns regarding their influence, particularly in light of high-profile cases involving celebrities and regulatory scrutiny. A noteworthy trend among finfluencers is the routine use of disclaimers emphasising their non-financial advisory role. This article critically explores the legal risks from an EU and Belgian financial law perspective that finfluencers seek to avoid with such disclaimers and the efficacy of such disclaimers in limiting or exempting finfluencers from civil liability under EU law. The analysis includes a specific focus on finfluencers specialising in crypto-assets, acknowledging the distinct regulatory challenges in this domain. The conclusion underscores the importance for finfluencers to exercise caution in their communications, emphasising that reliance on disclaimers alone may fall short in shielding them from potential administrative penalties and civil liabilities.

ISBN:9789464662207

Publication year:2024

Accessibility:Closed