The rule that traps brands says nothing about money, and the published ruling does not name only the creator.
The criterion is not whether money changed hands
Advertising rules
The central point is not payment but control: as soon as a brand has influence over the message, over what is said or shown, the content may fall within the advertising framework. A gifted product, free access, a trip, a substantial discount or a detailed brief may be enough to bring the post into that field. The exact qualification is checked with the competent authority and with a lawyer.
Consumer protection rules
To that is added a second, distinct framework, aimed at ensuring that a person is not misled about the commercial nature of what they are watching. It applies regardless of the medium and may concern the brand as much as the person publishing. Here too the exact scope is checked, but the principle is stable: something that looks like a spontaneous opinion and is not one raises a problem.
What brands assume, and what applies
Seven frequent beliefs, all to be checked before relying on them.
That the absence of payment removes any need to disclose.
That a gifted product does not count, which is not self-evident.
That a mention in the description is enough in every case.
That a platform tool settles the question on its own.
That responsibility rests entirely with the creator.
That the rules do not apply if the audience is mostly elsewhere.
And that a video bought as a file escapes the framework because it is not published by a person.
The disclosure has to arrive before the attention
Platform tools help, they are not enough
An automatic label placed by the platform is useful, but it depends on the interface, the device and how the video is seen. The principle to retain is that the information has to be perceived before the person forms an opinion, therefore at the start, visible without any action, and in a legible size. The exact accepted form is checked with the competent authority.
When the video changes hands
Six situations where the disclosure has to be re-examined.
The video moves from your account to the brand's paid advertising, dealt with above.
It is reused on the site's product page.
It is distributed by a retailer or a distributor.
It is re-edited into a different format, where the on-screen label disappears.
It is translated or subtitled for another market.
And it is republished a year later, when the rules or the tools have changed.
Responsibility does not transfer with the brief
Six practical consequences.
A clause making you solely responsible does not remove the advertiser's responsibility.
A written instruction from the brand does not replace a check.
A brief asking you not to label the post is a warning sign.
A published ruling may name several parties, not only the person who posted.
The creator remains the visible person, which carries a reputational cost independent of the law.
And refusing a badly framed assignment always costs less than delivering it.
What to put in the brief
Seven elements a British brief should contain.
The exact distribution channels, including paid advertising.
The form of disclosure chosen for each of those channels.
The name of the person responsible for approval on the brand side.
The list of claims allowed and forbidden for the category.
A ban on modifying the edit in a way that would remove the disclosure.
The exploitation period and the expected behaviour in case of republication.
And a sentence stating that compliance is checked with the competent authority before release.
The case of gifted products and codes
Five points to handle explicitly.
A product sent with no obligation to post remains a benefit, which may be enough to trigger a disclosure obligation.
A discount code combined with payment changes the nature of the post.
A long-term partnership does not remove the need to label each post.
A substantial discount is treated as a benefit, to be checked.
And an invitation, an access or a free service follow the same logic as a product.
What must appear on a commercial video
| The element | Where it appears | Its form |
|---|---|---|
| The partnership disclosure | From the first second | Legible without pausing |
| Identification of the advertiser | In the video or the caption | The brand name |
| Product-specific notices | Depending on the category | Per the applicable framework |
What triggers the obligation
A payment, a gifted product, a discount code, or any benefit received. None of these depends on the sincerity of the content: it is the consideration that creates the obligation.
What is checked category by category
Health, finance, alcohol, supplements, childhood, environment. Each imposes notices and forbids wordings, and the exact framework is confirmed with the competent authority and a lawyer.
What to keep, and for how long
Five documents to retain, for you as for the brand.
The complete brief, in its final version.
The written agreement on channels and duration.
Proof of the disclosure as it appeared, with a screenshot.
The exchanges validating sensitive wordings.
And the actual removal date, when the campaign ends.
One last marker: in the United Kingdom the most frequent mistake is not labelling badly, it is labelling correctly once and believing that covers every subsequent use. Every change of channel is a new question, and the only reliable answer is checked with the competent authority and with a lawyer before release.
Sources
Checked on 27 August 2026. Thresholds and rates change: where this guide and the official source disagree, the official source is right.
