Advertising is regulated both in European Union law and also within the Slovenian legal order, mainly within the framework of competition and consumer protection law and some special legislation. In recent years, this area has been significantly affected by technological and social
changes, extensive digitization, which have had a relevant impact on modifications and the appearance of some new forms of advertising, including native and influencer advertising.
These bring along some dilemmas and questions, regarding the rules that apply, the entities responsible for the legality of advertising, differentiation between commercial and other
content and the applicability of existing law in such cases. Native advertising is specific primarily because of its placement in the media that simulates as it belongs to it in terms of form, style, position etc., the effect of which can be that consumers identify the commercial nature of the content later or they don ́t recognize it at all, which has a relevant effect on their evaluation of the information it contains. A similar risk could also be connected with influencer advertising, which is characterized by a (previous) favorable attitude of consumers towards the
online influencer, as a result of which, if the aforementioned advertising content is not correctly
labeled as such, it can be mistaken for unbiased opinions, experience sharing. In cases, the main source of risks is primarily the issue of the (un)recognizability of commercial content, which may mislead consumers.
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