The basic rule
If there’s a material connection between you and a brand that your audience wouldn’t expect, such as a payment, an affiliate commission, a free or discounted product, or a family or work relationship, you must disclose it. In all three regions, both the creator and the brand can be held responsible.
A good disclosure is clear (plain words like “Ad”, “Sponsored” or “I earn a commission if you buy through these links”), prominent (hard to miss) and upfront (before people engage, not buried at the end or behind “more”).
United States: the FTC
- The FTC’s Endorsement Guides, updated in 2023, require “clear and conspicuous” disclosure of material connections. A disclosure should be hard to miss and close to the endorsement. Platform tools such as paid-partnership labels may not be enough on their own.
- In videos, disclose in the video itself, both said and shown on screen. In livestreams, repeat the disclosure periodically.
- The FTC’s rule on consumer reviews and testimonials, in force since 21 October 2024, bans fake reviews and testimonials, buying reviews that are conditioned on a particular sentiment, undisclosed reviews by company insiders, and misrepresenting review sites as independent. Breaches can lead to civil penalties.
United Kingdom: ASA, CMA and the DMCC Act
- The CAP Code, enforced by the Advertising Standards Authority, requires ads to be obviously identifiable. For influencer content, the ASA expects a clear label such as “#ad” or “Ad” upfront. Affiliate content counts as advertising.
- The Competition and Markets Authority enforces consumer law against hidden advertising, and has guidance for influencers and brands.
- Since 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 explicitly bans fake reviews and concealed incentivised reviews, and the CMA can now fine businesses directly, up to 10% of global turnover.
European Union
- The Unfair Commercial Practices Directive bans hidden advertising, including posing as an ordinary consumer while promoting your own or a client’s products.
- Since 2022, traders that show consumer reviews must say whether and how they check those reviews come from real customers, and fake reviews are banned.
- Under the Digital Services Act, platforms must let users declare when their content is a commercial communication, and show that to viewers.
- Several countries have extra national rules, for example France’s 2023 influencer law, so check where your audience is.
Disclosure checklist
- Disclose on every post, video, story and email that contains a paid or affiliate link, not just in your profile or a separate page.
- Put it at the start, in the same language as the content.
- Use plain words: “Ad”, “Sponsored”, “Paid partnership with [brand]”, “Gifted”, “Affiliate link”.
- Don’t rely on vague tags such as “#sp”, “#collab” or “thanks [brand]”.
- Give honest opinions: don’t claim to have used a product you haven’t.
- Brands: put the requirements in your influencer and affiliate contracts and monitor compliance.
Running an affiliate website
Affiliate sites should disclose near the links (for example at the top of a review), and can also explain their business model on a dedicated page. Affiliate tracking usually relies on cookies or similar technologies, which in the UK and EU are generally non-essential, so you need consent before setting them. See terms, privacy and cookies.
General information, not legal advice. Rules vary by country, state and situation, and they change. Check the official sources below, and speak to a qualified lawyer or accountant before making decisions for your business.
Last updated: 14 October 2026
