UK influencer contracts look straightforward until you realise who's liable for disclosure. The ASA and CMA can pursue you personally — not just the brand — if a post doesn't follow the UK Code of Non-broadcast Advertising (CAP Code) and the Consumer Protection from Unfair Trading Regulations 2008. Before signing, check whether the contract properly assigns disclosure duties, addresses CMA/ASA enforcement risk, and respects the CAP Code's rules on #ad placement and timing.
What is a ASA Disclosure?
A UK influencer marketing contract is a commercial agreement under which a creator promotes a brand's products or services on social platforms. It is governed by: the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code), enforced by the Advertising Standards Authority (ASA); the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), enforced by the Competition and Markets Authority (CMA) and Trading Standards; the CMA's 'Hidden ads' guidance for influencers (updated 2023 and reviewed 2025); the Communications Act 2003 where ads relate to regulated services; the Gambling Act 2005 where gambling is promoted; the Digital Markets, Competition and Consumers Act 2024 (DMCC Act) introducing direct CMA enforcement of consumer law; and general contract and intellectual property law. The Online Safety Act 2023 imposes additional duties where platforms host user-generated content.
Red flags to watch for
ASA CAP Code rules 2.1 and 2.4 require obvious identification of marketing communications. Both brand and influencer are liable if the post isn't labelled — contracts cannot shift this to the influencer alone.
Gifted products with any agreement to post (even implied) trigger the 'payment' threshold under the CAP Code. Contracts or gifting arrangements must still require disclosure.
ASA and CMA guidance require 'Ad' / 'Advert' / 'Advertising' at the start of a caption or within the post where it's immediately visible. Alternative labels are not a substitute.
Exclusivity clauses that prevent honest reviews or criticism can breach consumer-law obligations and CMA guidance on endorsements.
A broad indemnity can make the influencer personally liable for CMA fines (now up to 10% of global turnover under the DMCC Act 2024). Cap the indemnity and exclude brand-originated content.
Whitelisting (running ads from your handle) should be time-limited and priced separately. Perpetual paid-media rights are a major scope issue.
Morals clauses are typically one-sided in favour of the brand. Creators should negotiate reciprocity and objective triggers.
Campaigns collecting audience data (DMs, email lists, competitions) fall under UK GDPR. The contract should address roles (controller/processor) and data-sharing.
Your legal rights
UK influencers are protected by (and subject to): the CAP Code (ASA enforcement) and BCAP Code for broadcast; the Consumer Protection from Unfair Trading Regulations 2008 (CMA and Trading Standards enforcement); the CMA's Hidden Ads guidance for influencers; the Digital Markets, Competition and Consumers Act 2024 (direct CMA enforcement with fines up to 10% of global turnover); the Online Safety Act 2023 (platform-level obligations that affect creators); the Copyright, Designs and Patents Act 1988 (copyright and performer rights); the Data Protection Act 2018 / UK GDPR; the Communications Act 2003 for certain regulated sectors; the Gambling Act 2005; the Equality Act 2010; and general contract, defamation, and tort law. Disputes commonly resolve through: ASA investigations (reputation-based sanctions); CMA enforcement; small-claims / County Court; or the Intellectual Property Enterprise Court for IP disputes.
Questions to ask before you sign
- 1Who is responsible for ensuring ASA/CMA compliance on each post?
- 2What disclosure label is required, and where must it appear?
- 3How are gifted products, affiliate links, and commission structures addressed?
- 4What usage rights does the brand have over my content, and for how long?
- 5Is whitelisting / paid-media use included, and at what fee?
- 6What morals clauses apply, and are they mutual?
- 7What happens in the event of an ASA ruling or CMA enforcement action?
- 8How is audience data handled under UK GDPR?
- 9What is the indemnification scope, and is it capped?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.