Hi Gulenda,

Your questions raises a crucial issue that face players in the 'influencer and advertising" market. Legally speaking, non-compete clauses and agreements that generally restrict trade even in regular employment contexts are policed by the laws of many jurisdiction, as it is viewed by most legal regimes as against public policy to preclude someone from earning a living. In most jurisdictions, the test is whether the restraint is reasonable - which is a question of fact determined by looking at the duration of the non-compete and the nature or practice of the industry in question among others. In some jurisdictions, there is also a statutory provision stating that non-compete agreements for more than a certain number of years is invalid.

I am hoping this would provide a guide and you would be able to find a more specific answer to the questions by looking at the laws of your jurisdiction or the law that governs the contract between the influencer and the company hiring her.

Firstly, thank you so much for your answer. Now, I am researching whether there is an exact limitation in any law which governs in any country in Europe. I could not come across any regulation that can limit the duration of noncompetition in exact time. For example, "The non-compete agreemement, apart from the special circumstances and conditions, cannot exceed 2 years". In my country, there is no regulation which is related to non-compete agreements in influencer/advertising marketing. Absolutely, there are some rules which prohibit overlasting noncompetition periods; nevertheless, it is involved in Commericial Law or Labor Law(not in Advertising Regulations). However, you answer has helped me for understanding the general perspective in this field. Thanks a lot again.

You are welcome. Do note that an agreement between an influencer and an ad agency hiring her is a commercial contract and the rule for commercial contracts in your country will govern their non-compete in the absence of any special rule for influencer/advertising marketers. The rule that governs non-compete in labour relations may not apply because influencer/advertiser may be held to be an independent contractor rather than an employee. All the best in your research

You are definitely right but our Commercial legal system is different from the systems that you are talking about. There are specified natural and legal persons which can be subject to this rules. Hence, we cannot apply this regulation to influencers and advertisers neither directly nor indirectly. This situation can be interesting when you consider the regulations in your country but as you know, every system has unique characteristics so your recommendation cannot be available according to our legal system. You have spent your time for answering my question. Really, thanks a ton. Have a nice day.

Dear Gülenda Atay, thank you for sharing an important issue that in fact has now become a hot issue in my country too. I should also thanks Geoffrey Adonu for your insightful opinion.

Dear Gülenda Atay ,

An important point of discussion is that the influencers through social media platforms and smartphones have increased their influence, so any company must contract legally specifying all the terms so that there is a greater guarantee for both parties.

The regulations on non competes can vary by jurisdiction. Check your jusrisdiction/state laws. Considering this is a newer field, i think getting professional advice is necessary.