Isha Upadhyaya

Isha is a lawyer with experience in intellectual property, media, data protection and IT law. She has been a member of the Brussels Bar since 2021. Isha obtained her master's degree in law from KU Leuven in 2021 and is pursuing the LLM in Intellectual Property & ICT Law at KU Leuven. Isha obtained the CIPP/E certification in 2024.
Isha has a passion for the digital economy, new technologies, platforms and the entertainment industry. She has experience with legal questions related to advertising and marketing, IP and data protection litigation, as well as GDPR compliance. Isha assists clients in all phases of a project, from legal advice to contract drafting and assistance during negotiations and disputes.
Before starting her career as a lawyer, Isha worked in the legal tech sector where she focused on the digitalisation of law firms. More specifically, she assisted law firms with the implementation of a SaaS contract drafting platform.
Isha is fluent in Dutch, French, and English.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2021

Membership

  • Bar of Brussels

Qualification

  • Certified Information Privacy Professional / Europe (CIPP/E) (2024)

Education

  • University of Leuven (KU Leuven): Masters of Laws (2021)
  • LLM in Intellectual Property & ICT Law - KU Leuven (2025)

1 Contributions by Isha Upadhyaya

Belgium: federal and regional legal framework for social media influencer marketing—transparency, sector-specific advertising controls, enforcement, IP ownership and contracting considerations
PRACTICE NOTES
Belgium: federal and regional legal framework for social media influencer marketing—transparency, sector-specific advertising controls, enforcement, IP ownership and contracting considerations
This Practice Note explores the present legal regime governing social media influencers (influencers) in Belgium. As in many jurisdictions, influencer marketing in Belgium remains pervasive, expanding across multiple platforms and deployed for both commercial and political ends. In 2025, research into how Belgians perceive branding via social media and influencer activity found that 83.9% of 16–24-year-olds said they follow an influencer on social media. Among these, 34% confessed to being steered by an influencer in a recent purchase, and 38% reported they began following a brand because of an influencer. All figures have risen relative to the earlier study carried out in 2023. It hardly needs saying that influencer marketing presents openings for brands and advertising businesses, helping them engage target audiences with greater precision. Influencer promotion manifests in numerous formats, some more understated than others, including adverts, paid-for posts, mid-roll breaks in videos, and product placements. Influencers wield notable capacity to shape the buying behaviour of their followers. That impact comes with a spectrum of obligations, since their messages can render consumers especially vulnerable to new products or emerging trends across the platforms and formats described above, influencing reactions to promoted brands and the products featured in content online...
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