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In today’s job landscape, shaped by digitalization and the growing influence of social media, one of the most discussed—and until recently, least regulated—figures is the influencer. Alongside this role, the profession of content creator has emerged, a broad term encompassing those who produce digital content on platforms such as YouTube, TikTok, Instagram, podcasts, and blogs.
These new professions have revolutionized the worlds of communication and marketing but have also raised important questions on the legal and social security fronts. For years, there was no clear regulatory framework, leaving room for conflicting judicial interpretations. Only recently, with the release of INPS Circular No. 44/2025, has a formal guideline begun to take shape, aiming to better protect both workers and businesses.
An Uncertain Legal Landscape: From Freelancers to Commercial Agents
Until the INPS stepped in, the legal classification of influencers had been at the center of intense debate. In several cases, Italian courts attempted to fit these activities into existing contractual models, due to the lack of specific legislation.
Some rulings defined influencer work as a form of generic freelance activity, while others saw it as a sponsorship agreement. However, the most talked-about decision came from the Court of Rome, with ruling no. 2615/2024, which classified the work of certain influencers as an agency relationship under Article 1742 of the Italian Civil Code.
According to the Rome judges, the influencers exhibited key characteristics of commercial agents: ongoing and stable promotion of a company’s products, a degree of autonomy, and a sustained economic relationship. The consequence? Influencers, in this interpretation, fall under the obligation to register with Enasarco, with the “principal” (the brand or commissioning company) required to contribute to their social security and to set aside termination indemnities.
This interpretation has sparked significant debate. Is it truly appropriate to equate influencers with commercial agents? The absence of a dedicated legal framework has led to a climate of regulatory uncertainty, with the risk of retroactive contract reclassifications and potentially serious legal consequences for companies.
INPS Intervention: The First Official Recognition for Creators and Influencers
After years of legal ambiguity, 2025 marked a turning point for content creators and influencers. With Circular No. 44, issued on February 19, 2025, the INPS took a clear stance, offering the first comprehensive social security framework for these emerging professionals.
Even in the absence of a comprehensive law explicitly defining the role of influencers, the INPS chose to apply existing labor and social security principles, assessing the actual nature of the work performed to determine the correct contribution scheme.
At the heart of the circular lies a concept as simple as it is crucial: what matters is not the title of the activity, but how it is carried out. From this principle, the INPS identifies three primary classifications for content creators and influencers.
When Creators Operate as a Business: Turning Digital into Enterprise
In the first scenario described by the INPS, we see content creators operating in a clearly entrepreneurial manner. These professionals go beyond crafting content on an occasional or hobbyist basis—they manage an organized operation with technical equipment, collaborators, investment, and, above all, a structured business model.
In such cases, the INPS has no doubts: this activity falls within the realm of business enterprise. Accordingly, it involves specific obligations such as registration with the Chamber of Commerce, use of the newly introduced ATECO Code 73.11.03 (specifically created for influencer marketing and content creation), and enrollment in the INPS Social Security Scheme for Self-Employed Traders (Gestione Commercianti).
This is the typical scenario for a YouTuber who publishes videos regularly with a technical team, a podcaster managing a recording studio, or a creator orchestrating complex ad campaigns for multiple brands.
Freelance Creators: When the Activity Is Purely Professional
In many cases, however, content creation doesn’t involve any business-like structure. Many professionals work completely independently, without organizational infrastructure or substantial production resources. Their work relies primarily on personal and intellectual input, carried out autonomously, without subordination, and with full creative freedom.
In this second case, the INPS classifies the creator as a freelance professional. If the activity is performed regularly, the creator must open a VAT number, adopt the appropriate ATECO code, and contribute to the INPS Separate Management Scheme (Gestione Separata).
To determine whether the activity is habitual, INPS considers several factors: frequency of services, income generated, consistency in invoicing, professional use of social media, and the presence of ongoing contracts or partnerships. Even sporadic activity can trigger social security obligations if it exceeds certain income thresholds.
When the Creator Becomes an Artist: The Case of Performing Arts Workers
There is also a third, less intuitive but increasingly frequent category. This applies when a content creator takes part in artistic or audiovisual productions or collaborates with brands to create promotional content with a performative or entertainment dimension.
In such contexts, even if the creator operates primarily on social media, they may fall under the legally recognized categories of performing arts workers, as defined by Italian law. Think of influencers acting in commercials, TikTokers playing roles in branded video campaigns, or Instagram personalities participating in promotional events as brand ambassadors.
According to INPS, in these situations, the worker must be enrolled in the Pension Fund for Performing Arts Workers (Fondo Pensioni Lavoratori dello Spettacolo – FPLS). Here, the duty to pay social security contributions falls on the agency or brand commissioning the work, as the legal employer.
One important note: the artistic or performative nature of the content doesn’t depend on the creator’s fame but rather on the type and purpose of the performance. Even unconventional or informal forms of “performance” can qualify if the content is clearly intended for promotional use.
ATECO Code 73.11.03: Legitimizing a New Profession
To solidify this new framework, a specific ATECO code—73.11.03—was introduced as of January 1, 2025, dedicated exclusively to influencer marketing and content creation. While seemingly technical, this change carries significant symbolic and political weight: for the first time, the Italian state officially recognizes these professions, assigning them a unique classification essential for both tax and social security purposes.
This move helps to legitimize the social and economic role of content creators and influencers, who, until just a few years ago, were often dismissed as marginal or non-professional figures. Today, thanks in part to this new code, content creators are finally integrated into a regulated labor ecosystem—with rights, obligations, and protections comparable to those of more traditional professions.
