What ASA and CMA rules require of UK creators when a brand pays for UGC

Money or control sets the advertising context

Where a creator receives a fee or a brand controls the content, treat the placement as advertising under the CAP Code. Put a clear label where viewers can see it immediately, rather than making them infer the commercial purpose from the brand, the creator's style or surrounding material.

The ASA administers the UK advertising codes. For paid or controlled content, the label should be visible before someone opens more text or interacts with the post. The recognition requirement applies whether delivery feels personal, informal or editorial. The CAP Code's rules set the advertising standard.

The ASA has ruled against posts with a missing or unclear label, and where recognition depended on a platform feature viewers might not see. Visible wording must do the essential work; a paid-partnership tool can support it but not replace it. Alcohol, gambling, cosmetics, food and supplements may have additional CAP Code rules.

A supplied product depends on the arrangement

A product supplied in return for expected coverage can create a commercial relationship even if no money changes hands. A brief for a supplied product should spell out the arrangement. A gift without conditions may be different; where the position is uncertain, disclose the relationship.

Place the label at the start of the caption or visibly on the image or video. Stories, Reels, TikToks, Shorts and podcasts still need to be recognisable as advertising. A creator can speak naturally without obscuring the commercial context. A disclosure policy can help decide who checks placement before content goes live.

Commission needs disclosure at the link

A creator earning commission should identify the post as advertising and explain the commercial meaning of the relevant link. Put an upfront Ad label on the content, then state beside the link that commission is earned, so the connection is clear where readers encounter it.

The ASA does not insist on one exclusive label, but it must be prominent, clear and early. Ad, Advertising, Advert and Paid ad are recognised examples. Sponsored may work when it plainly describes payment; Sp, Collab or Thanks to the brand on its own may not explain the arrangement.

Keep the label in the first two caption lines or on the content itself. Do not bury it among hashtags or rely only on the platform's partnership tool. On a Story, leave the wording on screen long enough to read, using English that a UK audience can understand without clicking elsewhere.

A bio link or a brand mention alone does not explain an affiliate arrangement. State plainly when a sale earns commission. Understanding commission models helps distinguish the arrangements; if flat payment and commission both apply, retain the upfront label and explain the link separately.

Claims need proof beyond the label

An advertising label does not make an unsupported product claim acceptable. A false statement, a misleading impression or missing information that consumers need can raise consumer-law concerns. A creator and brand may both face exposure when paid content repeats a claim without adequate support.

The CMA's consumer protection guidance covers standards for commercial communications. Risks include saying a product cured a condition, advertising a discount that was unavailable, or failing to identify a paid review. A factual skincare claim that a cream cleared someone's skin needs evidence to support it.

Payment, a free product or commission may each be information a consumer would want before deciding. Leaving out the relationship can therefore mislead. Ask for evidence before repeating a factual brand claim: a scripted line is not proof. Take particular care with health, beauty, finance and food promotions.

A paid or incentivised review should not be presented as an ordinary customer's independent experience. Complete claims evidence checks before publication, and assess recognition, claims and rights together in an advert review.

One post can enter two enforcement routes

The CAP Code and consumer protection law can both apply to one post, but enforcement follows different routes. The ASA administers the advertising codes, while the CMA enforces consumer protection law. The Digital Markets, Competition and Consumers Act 2024 gives the CMA direct enforcement powers for certain breaches.

The Consumer Protection from Unfair Trading Regulations 2008, often called the CPRs, prohibit unfair commercial practices, including misleading actions and misleading omissions. The 2024 Act introduced further consumer-protection rules and strengthened the CMA's enforcement position. Its provisions took effect through commencement regulations, rather than all beginning at once.

The Act received Royal Assent on 24 May 2024, and the government indicated that the main regime would begin in April 2025. Commencement may be staged, so check the applicable date for a campaign. The Act also addresses fake reviews and drip pricing; when content promotes a price, the total price should be clear.

The CMA can decide that a business breached relevant consumer law and impose penalties without first going to court. It may act against a creator, brand or agency, seek undertakings or impose fines, and name businesses it has acted against. Consequences may include legal costs, reputational harm and lost commercial opportunities.

Repeated breaches can move beyond a ruling

The ASA publishes rulings that identify the advertiser and explain the breach. It can ask platforms to remove content and place businesses on its list of non-compliant online advertisers. The ASA does not fine creators directly, but a public ruling can damage reputation and affect future commercial work.

For serious or persistent breaches, the ASA can refer a case to Trading Standards, which may take legal action under consumer-protection law. This is a more serious step than an advertising ruling and can lead to court action and fines. The ASA's sanctions information describes measures available in such cases.

A listing can affect paid advertising because platforms may remove ads for listed businesses. Agencies can review rulings and the list when considering a creator relationship. If a brand asks for an ad label to be removed, a published ruling can also help explain why the creator should refuse.

A ruling may require content to be changed or removed, and the public record remains available to brands. Clear contract terms do not transfer away the responsibility to make the advertising relationship clear or remove the need to comply.

Script review belongs before recording

ASA Copy Advice is a free, confidential service for scripts, captions and concepts before publication. Its opinion is not a binding ruling, but it can indicate whether proposed content meets the CAP Code. It is particularly useful when a campaign includes specific claims written into a script.

When the brand supplies the script, send it for review before filming; a creator who writes the wording can submit it too. Keep the response with campaign records. Copy Advice is less suited to live, unscripted content and does not assess CMA consumer law, so it cannot replace evidence checks.

For example, a beauty creator is paid £1,200 by a skincare brand for a TikTok and an Instagram Reel. The brief requests #skincare and says not to call the content an ad. The creator should refuse that instruction and take these steps:

A creator can refuse an instruction to conceal the ad label because a brand cannot displace the CAP Code or consumer law. #sponsored may work when it is prominent and upfront, but Ad or Advertising is less ambiguous. Before posting, check the label, the commission explanation and written support for each factual claim.

Retain dated briefs, approvals and the final posts with any relevant Copy Advice response. Use a platform partnership feature alongside visible wording, never instead of it. If a factual claim lacks evidence, do not publish it; clear disclosure and substantiation are separate checks, and neither one replaces the other.