There’s been little legislation specifically looking at social media selling or influencer marketing across the Gulf

As anyone who works in the social media space in the Gulf knows, there’s nothing in the way of regulation. We’re working in a space which is poorly understood when it comes to legality and regulation (though, as I’ve written about before, any sponsored content is legislated for by the UAE’s advertising law).

This may be about to change however. Last week, Dubai’s Department of Economic Development launched a new business license, designed for those wishing to conduct business online, via social media. Here’s more details from Arabian Business.

Dubai’s Department of Economic Development (DED) has launched a new e-Trader licence to allow Emiratis and GCC citizens in Dubai to conduct business activities on social networking sites.

The DED’s Business Registration and Licensing (BRL) sector said the initiative is part of enhancing transparency and regulating the practice of offering products and services for sale on social media.

The e-Trader licence can be registered under the name of a single owner only and the owner must be an Emirati or GCC citizen aged 18 or above and residing in Dubai.
Nearly 3,000 e-Traders are expected to be licensed in Dubai in 2017.

At the event, there were a number of social media influencers, including Emirati comedian and instagrammer Kanu AlKendi (you can see his post below).

https://www.instagram.com/p/BRqE3yGBcZK/?taken-by=kanu7alkendi&hl=en

One of the reasons given for the launch of this license was to enhance consumer confidence in online businesses. “Licensing a business activity enhances consumer confidence on one hand and on the other, it removes the risk of infringement on a reserved trade name or other intellectual property, explained Omar Bushahab, CEO for the Business Registration & Licensing (BRL) sector of the Department of Economic Development. “A license guarantees the rights of everyone concerned and defines the legal accountability of the merchant.”

Transparency (or the lack of) has been a major talking point when it comes to influencer marketing in the region. While some businesses have to ensure that their influencers publicly state that their content is paid for (mainly those registered or publicly listed in jurisdictions with a legal framework around online marketing), the majority of advertisers and social media influencers don’t.

I understand that governmental bodies have been looking at ways to regulate the influencer industry – I don’t think I’ve seen a campaign over the last year which hasn’t featured an influencer. This may be a first step. However, more may be to come in relation to legislation covering influencers, particularly those who aren’t Gulf nationals (which is essentially the majority).

“One of the key challenges in the DED launch narrative is the condition that all license holders must be GCC citizen. This may prove difficult or restrictive to the large expatriate population across Dubai,” Lindsay Wakefield, a retail analyst, told Gulf News.

For agencies who are working in this area, it’s more than advisable to get legal advice as to how you and your clients should be engaging with influencers.