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po12026-zlocha-stremy-unfair-com
Unfair competition and unfair commercial
practices of influencers: Legal analysis in the Slovak and comparative context
JUDr. Ľubomír Zlocha, PhD.,
Institute of State and Law of Slovak Academy of Sciences, v. v. i., Bratislava
Doc. JUDr. Jana Strémy, PhD., Faculty of Law, Comenius University in
Bratislava
Právny Obzor, 108, 2025,
special issue, pp. 61–81.
Published online: 20.1.2026
https://doi.org/10.31577/pravnyobzor.specialissue.2025.03
Abstract. Influencer
marketing has become a dominant and highly effective form of digital advertising,
fundamentally changing traditional communication strategies. Its rapid, often
unregulated growth poses significant legal challenges in the areas of unfair
competition and consumer protection. This article provides a comprehensive legal
analysis of influencer misconduct, including hidden advertising, misleading
claims, buying fake followers, and writing fake reviews. The article
systematically maps and evaluates the Slovak legal framework, covering private
law regulation of unfair competition and public law regulation of unfair
commercial practices. The methodology includes analysis of relevant Slovak and
Czech legislation, doctrine, and application practice. An in-depth, comparative
analysis of the German Federal Court of Justice, Spanish and Czech case law
offers valuable interpretive guidance. The paper also assesses national
self-regulatory mechanisms and gives recommendations de lege ferenda to
strengthen legal certainty and protection for all in the digital market.
Key words: influencer
marketing, unfair competition, unfair commercial practices, hidden advertising,
consumer protection
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS