Influencer Marketing Agreement (England & Wales)

Overview

An influencer marketing agreement governs a paid or in-kind commercial collaboration between a brand (or an agency acting on its behalf) and a content creator who publishes promotional content on social media (Instagram, TikTok, YouTube and similar platforms). In England & Wales, this relationship is shaped by advertising self-regulation and consumer protection law rather than by a single influencer-specific statute. The core legal framework: the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), enforced by the Advertising Standards Authority (ASA), requires that advertising content is 'obviously identifiable as such' — in practice this means a clear, upfront, unambiguous label such as '#ad' or 'Paid partnership' at the start of a post or video, not buried in a list of hashtags. The Competition and Markets Authority (CMA) separately enforces the underlying consumer protection rules, principally the Digital Markets, Competition and Consumers Act 2024 (which replaced the earlier Consumer Protection from Unfair Trading Regulations 2008 framework for these purposes) — failing to disclose a paid promotion is treated as a misleading omission that can amount to an unfair commercial practice, exposing both the brand and, in appropriate cases, the influencer to CMA enforcement action, including fines. The ASA and CMA have published joint guidance ('An Influencer's Guide to Making Clear that Ads Are Ads') setting out concrete labelling expectations across major platforms. When to use it: for any paid or in-kind collaboration (cash payment, free products, services, or experiences given in exchange for content) between a brand or agency and a content creator engaged to produce and publish promotional content. Parties: the Brand (or the agency acting on the brand's behalf) and the Influencer (an individual or a company through which the influencer contracts). Key clauses: a precise description of the deliverables (number of posts, stories, videos, and the platforms concerned), the publication schedule, a mandatory disclosure clause requiring clear, upfront labelling ('#ad' or 'Paid partnership') on every piece of sponsored content in line with the CAP Code, the fee or in-kind consideration, the scope of usage rights the Brand receives over the content after publication (repost rights, paid amplification, duration of use — this is a licence of intellectual property rights and should be defined precisely rather than left open-ended), any category exclusivity clause limited in time and sector, and content approval rights before publication. Mistakes to avoid: omitting the disclosure clause — failure to label sponsored content as advertising is a compliance failure under the CAP Code and can amount to a misleading commercial practice under consumer protection law, exposing both parties to regulatory scrutiny; relying on an informal message exchange instead of a written agreement, which leaves the scope of the deliverables and the fee open to dispute; and failing to define clearly what the Brand may do with the content after the original post — a frequent source of disagreement when a brand wants to repurpose content in paid advertising beyond the original organic post.

Information to customize

• Brand's name or company name

  Or the agency acting on the brand's behalf.

• Brand's registered address

• Influencer's name (or company name)

• Influencer's social media handle(s)

• Influencer's address

• Platforms involved

  E.g. Instagram, TikTok, YouTube.

• Deliverables (number and type of content)

• Publication schedule

• Fee amount

• Type of consideration

  Cash, in-kind (products/services), or a combination.

• Content usage rights granted to the Brand

  E.g. right to repost on brand channels and use in paid advertising for 6 months.

• Category exclusivity clause

  Optional: sector and duration of exclusivity.

• Date of signature

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Frequently asked questions

Is a '#ad' hashtag enough to comply with UK advertising rules?

It can be, provided it is placed clearly and prominently — typically at the start of the caption or spoken at the start of a video — rather than buried among unrelated hashtags. The ASA's CAP Code requires that advertising content be 'obviously identifiable as such' to an average viewer at a glance.

Who enforces influencer advertising disclosure rules in the UK?

The Advertising Standards Authority (ASA) enforces the CAP Code, which sets the disclosure standard, while the Competition and Markets Authority (CMA) can take enforcement action under consumer protection law where a failure to disclose amounts to a misleading commercial practice.

Does a gifted product count as something that needs disclosure?

Yes. Receiving free products, services, or experiences in connection with a post is treated the same as a cash payment for disclosure purposes if there is any material connection (control over content, an expectation of promotion) between the brand and the post.

Who owns the content the influencer creates?

Unless the agreement states otherwise, the influencer retains ownership of the content they create. The agreement should precisely define what usage rights (repost, paid amplification, duration) are licensed to the brand, since anything beyond that scope requires a further agreement.

What happens if the influencer doesn't disclose the collaboration?

Both the brand and the influencer can face regulatory scrutiny: the ASA can require the content to be withdrawn or amended, and the CMA can pursue enforcement action for a misleading commercial practice, including financial penalties in serious cases.

Can the agreement include a category exclusivity clause?

Yes, provided it is expressly stated, limited in time, and confined to a defined sector. Without an exclusivity clause, the influencer remains free to work with other brands, including competitors.

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