Retail & Consumer GoodsTechnology & Digital UK-wide

The same advertising rules apply on social media as other channels. Disclose all paid partnerships and gifted items. Make truthful claims you can substantiate.

The Advertising Standards Authority (ASA) enforces the CAP Code. The Competition and Markets Authority (CMA) enforces consumer protection law, with enhanced powers from 6 April 2025 under the Digital Markets, Competition and Consumers Act 2024.

Disclosure requirements

If you receive payment, free products, loans, discounts, or any other benefit in exchange for posting content, you must disclose this clearly.

Acceptable disclosure labels
Use 'Ad', 'Advert', 'Advertisement', or 'Ad Feature'. The hashtag # is optional if the label stands out clearly.
Unacceptable labels (insufficient)
'#gifted', '#spon', '#collab', '#affiliate', '#BrandAmbassador', 'Sponsored', 'In association with', or brand mentions alone.
Placement rule
Put the disclosure at the start of your post, before any ''See more'' click. Never bury it in hashtags.
Platform tools
Instagram ''Paid partnership'' and TikTok ''Branded content'' labels are acceptable if clearly visible.

When disclosure is required

  • Paid partnerships: Any money, commission, or payment for posting
  • Gifted products: Free items sent to you (even without posting obligation)
  • Loans: Products lent to you (cars, clothes, equipment)
  • Affiliate links: Links where you earn commission on sales
  • Brand ambassadors: Ongoing relationships with brands
  • Discounts: Preferential rates not available to the public

Business responsibility for influencer content

If you hire influencers, brand ambassadors, or affiliates, you are responsible for their compliance. The ASA and CMA can take action against your business if influencers fail to disclose properly.

Written agreements
Include disclosure requirements in influencer contracts.
Monitoring
Review influencer content before and after posting.
Corrective action
Require non-compliant posts to be edited or removed.

Fake reviews (banned from 6 April 2025)

The Digital Markets, Competition and Consumers Act 2024 makes fake reviews a specific banned practice. The CMA can now take direct enforcement action without going to court.

Banned practices
Commissioning fake reviews, paying for positive reviews, offering incentives without clear disclosure, impersonating consumers, selectively publishing only positive reviews.
Maximum penalty
Up to £300,000 or 10% of global turnover (whichever is higher).
Daily penalties
Additional daily fines for continued non-compliance.
TECHNOLOGY & DIGITAL Requirement

Online Safety Act 2023 - user-generated content platforms

If your business operates a platform that hosts user-generated content (reviews, comments, forums), you have additional duties under the Online Safety Act 2023.

You must:

  • Conduct illegal content risk assessments
  • Remove illegal content when reported
  • Implement user reporting mechanisms
  • Have clear community standards

Ofcom regulates compliance. Fines can reach 10% of global revenue.

Who this applies to: Businesses operating platforms with user reviews, comments, forums, or social features.
Enforcement:

Regulated by Ofcom. Penalties up to 10% of global revenue or £18 million (whichever is higher).

  1. Write a social media policy

    Set clear rules for how your business and employees post on social media. Cover disclosure requirements, approval processes, and response protocols.

  2. Brief influencers in writing

    Provide written guidance on disclosure rules. Include specific examples of acceptable labels and placement.

  3. Include disclosure in contracts

    Add compliance clauses to influencer agreements. Require disclosure and give yourself the right to request edits.

  4. Monitor influencer content

    Review posts before and after publication. Check disclosure labels are present and prominent.

  5. Audit your reviews

    Check your review collection practices comply with the new fake reviews rules. Remove incentivised reviews that lack disclosure.

  6. Respond to complaints promptly

    Address customer concerns on social media quickly. Public complaints left unanswered damage your reputation.