Logo ECIJA

    It's not an ad... but it's not organic content either: the new frontier of 'branded content'

    Helena Suárez, partner in intellectual property at ECIJA Madrid, writes for *Cinco Días* about the evolution of brand content and the growing need for clarity for consumers.

    For years, in marketing we have felt comfortable within a clear boundary: on one side, advertising; on the other, organic content. Identifiable ads versus stories that connect without asking for permission. But that boundary no longer exists.


    Nowadays, brands produce documentaries, programs, short series, and dramas designed for OTT, VOD, and social media platforms. Content that does not interrupt, that is consumed as entertainment, and builds the brand in the long term. Brand content in its purest form.


    And then comes the uncomfortable question —the one many marketing teams are already asking—: if it’s not an ad, but it’s not organic content either... what exactly is it? And, above all, should we declare it?


    In recent months, the CNMC has begun to focus on this new landscape. Not to tell brands 'don't produce brand content', but for a much more specific reason: to ensure that consumers know when they are watching an ad, even when it is disguised as a story.


    The case of 'Juntas, cambiamos' ('Together, we change'), a women's health program available on a video on demand (VOD) platform, illustrates this well. The content took the form of an editorial program, with experts, an informative tone, and the appearance of organic content. The description stated that it was 'presented by' a brand, but nothing was mentioned within the content itself.


    From a marketing perspective, the conclusion is clear: if your content is perceived as organic but is part of a brand strategy, you need to acknowledge it. It's not enough to hide it in the description or in the fine print.


    Recent cases like those of McDonald's or Vinted confirm something that the marketing world knows well: brand content works because it lowers the viewer's defenses. Documentaries, entertainment, celebrities, human stories.


    The problem is not the format. The problem arises when this effectiveness is based on confusion.


    Creating brand content is not the same as creating disguised advertising. And this difference is no longer just legal: it's a matter of brand trust. Until now, attention has focused on television and on-demand platforms. But the next frontier is clear: the social feed.


    TikTok, YouTube, and Instagram are no longer just channels; they are narrative ecosystems. And it's here where more and more brands experiment with sponsored micro-dramas: vertical miniseries, emotional fiction, everyday stories that seem native to organic content.


    From a marketing perspective, the temptation is obvious: if it looks like fiction, there’s no need to say it’s an ad. But this is where the paradigm shifts.


    Although there are still no specific guidelines on brand micro-dramas on social media platforms, the trend is clear: if a story is branded, it can't pretend not to be.


    It doesn't matter if there is no call to action. It doesn't matter if the product is not shown. It doesn't matter if it is as engaging as a television series. If there is a brand strategy behind it, this must be acknowledged within the content itself.


    And here lies the great opportunity! The future of brand content is not about disguising itself as organic content, but about establishing itself as a recognized, transparent, and creatively rightful genre. A space where the viewer knows they are watching a brand story... and still wants to see it.


    For years, it was thought that labeling content as an ad took away the magic. Increasingly, the opposite is happening.

    In a saturated message environment, trust is the new invisible key indicator. And trust is broken when the viewer feels that they have been served something 'as if it were organic'.


    The brands that lead brand content in the coming years will not be those that hide best in the news feed, but those that know best how to say: 'Yes, this story is ours. And yet, it deserves your attention'.


    Because brand content is not going away. Neither are micro-dramas. What will disappear is the comfortable ambiguity between advertising and organic content. And for marketing, this is not a threat. It is the birth of a new creative territory with clear rules... and a lot of potential.


    Read the full article published in Cinco Días here.

    Related professionals

    LATEST FROM #ECIJA

    Articles
    29 July 2026
    Michael Jackson and Pepsi: the contract that changed the commercial exploitation of image rights forever

    The historic agreement between Michael Jackson and Pepsi marked a turning point in the commercial exploitation of image rights, laying the foundations for modern sponsorship contracts. Today, in a world dominated by social media and artificial intelligence, these agreements are more complex and strategic than ever.

    Read more
    23 July 2026
    ECIJA is advising NOSTROMO PICTURES and BETA FICTION on the film “CRONOS”

    ECIJA has advised NOSTROMO PICTURES and BETA FICTION on the film “CRONOS”, which is based on the real-life accounts of those involved and recounts the unfolding of Operation Cronos, the operation launched following the terrorist attack carried out on Las Ramblas (Barcelona) on 17 August 2017.

    Read more
    Reports
    21 July 2026
    New procedure for the Audiovisual Investment Certificate

    ECIJA Ecuador outlines the procedure for obtaining the Audiovisual Investment Certificate in Ecuador.

    Read more
    Articles
    8 July 2026
    Federal Film and Audiovisual Act

    The new Federal Film and Audiovisual Act, published on 22 May 2026, repeals the 1992 legislation in order to comprehensively regulate the production, distribution and screening of content in traditional cinemas and on digital on-demand platforms.

    Read more
    News
    6 July 2026
    ECIJA and Inetum advise the Regional Government of Castile-La Mancha on their corporate framework for generative AI

    The project will establish the foundations for the secure, scalable, and responsible design, development, and deployment of artificial intelligence solutions within the regional government

    Read more
    Articles
    29 June 2026
    The World Cup of Brands: How to Ride Football Euphoria Without Facing a Multi-Million Penalty

    The World Cup kicked off on June 11 in Mexico City and, for a little over a month, will be the most-watched event on the planet. Industry estimates point to a cumulative audience of nearly five billion people and more than USD 10 billion in additional global advertising spend. For fans, it is a celebration. For brands, it is the most coveted communications platform in the world.

    Read more
    Articles
    26 June 2026
    It's not an ad... but it's not organic content either: the new frontier of 'branded content'

    The CNMC has begun to focus on this new landscape. Not to tell brands 'don't produce brand content', but for a much more specific reason: to ensure that consumers know when they are being shown advertising.

    Read more
    Recognition
    25 June 2026
    ECIJA consolidates its leadership in Intellectual and Industrial Property at IP STARS 2026

    The firm is ranked at level 1 in Copyright and related rights and at level 2 in trademark prosecution, with 11 professionals recognised in the international ranking.

    Read more
    News
    23 June 2026
    PROFILM warns that Spain is losing competitiveness in attracting international film shoots

    The presentation of the PROFILM report highlights the decrease in investment and international projects in Spain, emphasizing the need to strengthen incentives and legal certainty.

    Read more