Influencer disclosure rules for brands in 2026: US, UK, EU, Germany and France compared

An influencer post that hides a brand deal is the brand's problem as well as the creator's. This page sets the influencer disclosure rules of five jurisdictions side by side: the United States, the United Kingdom, the EU as a whole, Germany and France. It covers who enforces them, which labels the regulators accept, where the label has to sit and who is liable. It then covers what the platforms' paid-partnership tools settle, how gifts, affiliate links, employees and fake reviews are treated, and a checklist to paste into a creator brief. Every rule below links the law, the regulator's guidance or the platform policy it comes from. Sources were read on 28 and 29 September 2026.

Are brands liable when an influencer does not disclose an ad?

Yes, in every jurisdiction covered here. The mechanism differs.

• United States. The FTC's Endorsement Guides say advertisers are subject to liability for failing to disclose unexpected material connections with their endorsers, and that an advertiser may be liable for a deceptive endorsement even when the endorser is not (16 CFR 255.1(d)). The same paragraph tells advertisers to give endorsers guidance, monitor their compliance and act on failures. Endorsers can be liable too (255.1(e)).
• United Kingdom. The ASA/CMA influencer guide says the influencer, the brand and any agents involved are all responsible for making clear that content is advertising (ASA). The CMA states that the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 apply to everyone in the advertising chain, brands included (CMA, "Who regulates hidden advertising?"). Since that regime started, the CMA can fine a business up to 10% of its global turnover for breaching consumer law (CMA, 7 April 2025).
• EU. The Unfair Commercial Practices Directive bans, in all circumstances, editorial content that promotes a product "where a trader has paid for the promotion" without making that clear (Annex I, point 11). "Trader" includes anyone acting in the name of or on behalf of a trader (Article 2(b)) (Directive 2005/29/EC, consolidated). National authorities set the penalties. In coordinated cross-border actions the maximum fine must be at least 4% of the trader's annual turnover in the Member States concerned (Article 13(3)).
• Germany. Unfair-competition claims for an injunction lie against the owner of a business when an employee or an agent ("Beauftragter") commits the breach (UWG § 8(2)). Competitors and trade associations can bring those claims (§ 8(3)). The Federal Court of Justice's 2021 influencer cases were brought by such an association (BGH press release, 9 September 2021).
• France. The advertiser, its agent, the influencer and the influencer's agent, where there are agents, are jointly liable ("solidairement responsables") for damage caused to third parties in performing the influence contract that binds them (Loi n° 2023-451, article 8).

How do influencer disclosure rules compare across the five jurisdictions?

Sources for the label and placement rows: the FTC's Disclosures 101 for Social Media Influencers and Endorsement Guides FAQ; the ASA/CMA influencer guide; the Commission's disclosure dos and don'ts; the Medienanstalten labelling guide (May 2025 edition).

Two notes on the UK row. The ASA/CMA guide was written against the 2008 Consumer Protection from Unfair Trading Regulations, which the DMCC Act replaced on 6 April 2025; the ASA says an update will follow. And for brand deals, the ASA's own remit under the CAP Code turns on two conditions: the brand paid the influencer in some way, and it had some editorial control, which the guide says can include a right to approve the post.

Which labels pass in one country and fail in another?

The most useful finding from reading the five sources together is that the same word gets opposite answers.

What follows from the table, as analysis rather than any regulator's advice: for an English-language post seen in several markets, "Advertisement" at the start is on the FTC, ASA/CMA and Commission lists alike; "Advertising" is on the ASA/CMA and Commission lists. "Ad" is accepted in the US and UK but the German regulators name it as insufficient. "Sponsored" works in the US and is advised against in the UK. German-language posts need "Werbung" or "Anzeige"; French-language posts need "Publicité" or "Collaboration commerciale".

Where does the label have to go?

Placement rules are more alike than label rules. All five want the disclosure seen before or with the promotion, not found later.

• US. The Guides define a clear and conspicuous disclosure as difficult to miss and easily understandable, and say that on social media it "should be unavoidable" (16 CFR 255.0(f)). A disclosure only on a profile page, or behind a link labelled "more", fails (255.0, Example 9). The FTC's influencer guide adds: when the endorsement is in a picture, such as a Story, superimpose the disclosure on the picture; put it in the video and not only in the description, and repeat it during live streams (Disclosures 101).
• UK. At the very beginning of the content, where people look first: the start of the post text, a title, a thumbnail or the image. Each relevant story in a series, and each format when a campaign runs as a post, a Story and a Reel (ASA/CMA guide).
• EU. At the beginning of the caption or on the first screen, in writing, in colours that stand out against the background, on each post, reel and story (Commission dos and don'ts). The Commission's legal brief says enforcers do not accept disclosures that make people scroll down or click "read more", and that a disclosure made only inside a video can be missed (Legal brief #6).
• Germany. Recognisable at first glance, on every device, in the app and in the browser, without scrolling or expanding; "Werbung" or "Anzeige" recommended as the first word of a caption; every story slide; a general note that the account contains advertising does not count. Where the product is the main subject of a video, "Werbung" or "Werbevideo" stays on screen for the whole video or sequence (Medienanstalten guide).
• France. A clear, legible and comprehensible mention on every medium, unless the commercial intent is already obvious from the context (article 5-2). A separate rule requires "Images retouchées" where image processing slimmed or thickened a body or changed a face, and "Images virtuelles" where AI produced a face or body (article 5); the AI-label guide covers that rule with the platform labels.

The gap between rule and practice is wide. In a sweep of 576 influencers by the Commission and national authorities, published in February 2024, 97% posted commercial content but only 20% systematically disclosed it as advertising, and 38% did not use the platforms' labels (European Commission, 14 February 2024).

Is the platform's paid-partnership tool enough?

The platforms require their own tool and say it does not settle the law.

Regulators split, as the label matrix shows. The FTC's Guides give the example of a built-in label in small white text on a light image, shown for five seconds, and call it not clear and conspicuous (255.0, Example 9). The German regulators accept the tool alone only when it reads "Werbung", "Anzeige" or "bezahlte Werbepartnerschaft", so check the label in the interface language your audience sees.

The practical rule for a brief: the tool plus a written label, never the tool alone.

How are gifts, affiliate links, employees and fake reviews treated?

Gifts and free products

• US. Free or discounted products are a material connection "regardless of whether the advertiser requires an endorsement in return" (16 CFR 255.5(a)). In the Guides' example of a tool maker that sends an influencer a lathe in the hope of a post, the manufacturer should tell the influencer at the time of sending that the gift should be disclosed, and monitor the posts (255.5, Example 7).
• UK. Any incentive counts as payment, gifts of products included (CMA guidance for brands, updated 28 August 2025). The ASA/CMA guide applies the "Ad" label from a gifted-product post up to a full brand collaboration.
• EU. The Commission's brief counts gifted products and services as barters that need an advertising disclosure, says brand trips and PR packages can be barters too, and advises treating content made with PR packages as advertising, whether or not the brand asked for coverage (Legal brief #6).
• Germany. A post about something received free needs "Werbung" or "Anzeige" when publication is tied to an agreement, a condition or an expectation (Medienanstalten guide). Under UWG § 5a(4) there is no commercial purpose if the influencer received no payment or similar consideration, but receiving one is presumed unless the influencer shows credibly that none was received.

Affiliate links

The FTC says "affiliate link" alone may not be understood and that "Paid link" next to the link should be adequate (FTC FAQ). In the UK, content with affiliate links or codes is advertising, both the influencer and the brand are responsible, and "aff", "af" and "afflink" are advised against (ASA/CMA guide). The Commission lists affiliate marketing among the deals that need a disclosure.

Employees and insiders

In the US, an employee posting about the employer's products should disclose the relationship in the post; naming the employer on a profile page is not enough (FTC FAQ). The Guides expect the employer to train staff who post and, where it directed the posts or has reason to know of them, to monitor them (255.5, Example 8). The UK guide counts being a director or holding a position in the company as a relationship that makes content advertising. Across the EU, falsely representing oneself as a consumer is banned outright (UCPD Annex I, point 22).

Fake reviews and bought engagement

The FTC's rule on consumer reviews and testimonials, 16 CFR Part 465, has been in force since 21 October 2024. It prohibits fake or false reviews and testimonials (465.2) and paying for reviews that express a particular sentiment (465.4). It also covers officers' and managers' reviews without a clear disclosure, and soliciting reviews from employees and relatives in some cases (465.5). Review suppression is covered by 465.7, and buying or selling fake indicators of social media influence, such as fake followers or views, for a commercial purpose by 465.8. The FTC said the rule lets it seek civil penalties against knowing violators (FTC, 14 August 2024). The UK's banned-practice list covers submitting fake reviews and concealing incentivised ones (DMCC Act, Schedule 20, paragraph 13). The EU list bans commissioning false consumer reviews or endorsements (UCPD Annex I, point 23c).

Giveaways raise their own questions, entrants' posts among them; the giveaway rules guide covers them.

A brand checklist for creator briefs

Each item traces to a source above. Agencies running creator work for clients can put the same items into the client contract; the client onboarding checklist has the rest of that contract.

1. List every market the post will reach. US law applies to a post from abroad if it is reasonably foreseeable that it will affect US consumers (FTC). A creator established outside the EU, the EEA and Switzerland who targets an audience in France must appoint a representative in the EU in writing and hold civil liability insurance with an insurer established in the EU (loi 2023-451, article 9).
2. Write the exact label into the brief, per language. "Advertisement" for English posts across markets, "Werbung" or "Anzeige" for German, "Publicité" or "Collaboration commerciale" for French. First word of the caption, and on the image or in the video.
3. List the labels the creator must not use. "Sponsored" (UK), "ad" alone (Germany), "sp", "spon", "collab", "gifted", "partner", "ambassador", "thanks", "aff", a brand tag with no label, and a note in the bio.
4. Require the platform tool as well. Meta, TikTok and YouTube each require their own disclosure for branded content.
5. Name every format. Each post, each Story frame or slide, each Reel, each repost into another format; spoken and on-screen in video; repeated during live streams.
6. Cover gifts at the moment of sending. Tell the creator in writing that a post about the product should be disclosed (FTC 255.5, Example 7). Treat gifted-product posts as ads in the UK and EU.
7. Specify affiliate wording. "Paid link" beside the link for US audiences; an upfront advertising label for UK and EU audiences.
8. State what the creator may and may not claim. The creator must have used the product if the post says so, and product claims need substantiation (16 CFR 255.1). The FTC's FAQ expects brands with influencer networks to explain what members can and cannot say.
9. Decide on approval. In the UK, a right to approve content can count as editorial control, which brings a paid post under the CAP Code (ASA). Approval is still the brand's chance to check the label before publication.
10. Monitor after posting and act. Check posts yourself and ask for corrections when labels are missing (CMA guidance for brands; 16 CFR 255.1(d)).
11. Set the duration. The UK guide expects disclosure throughout the relationship and in relevant content for 12 months after it ends.
12. Put the deal in writing in France. A written contract is required once payments and the value of in-kind benefits from one advertiser, for work pursuing the same promotional objective, reach €1,000 excluding tax in the same year (décret n° 2025-1137, in force since 1 January 2026). Article 8 lists what the contract must contain.
13. Cover your own staff and accounts. Employees who post about your products disclose in each post; officers and managers post no undisclosed reviews (16 CFR 465.5); nobody buys fake followers or views or pays for reviews with a set sentiment (465.4 and 465.8; UCPD point 23c).

Frequently asked questions

Is #ad enough in Germany?

The Landesmedienanstalten say no. Their guide lists "ad" among the abbreviations that are not sufficient and asks for "Werbung" or "Anzeige", ideally as the first word of the caption. "Bezahlte Werbepartnerschaft" placed before the content also works, and a platform label is enough on its own only if it uses one of those words.

Do we have to disclose if we sent a free product and did not ask for a post?

In the US, yes: free products are a material connection whether or not the advertiser requires an endorsement, and the brand should say so when it sends the product. In the UK a gift counts as payment. The Commission's brief advises treating content made with PR packages as advertising, because brands send them for advertising purposes whether or not they ask for coverage. The German guide requires a label where the post is tied to an agreement, a condition or an expectation.

Does "Sponsored" work in the UK?

The ASA and CMA advise against "Sponsored", "Spon" and "Sp", along with "In partnership with" and "Gifted". They expect "Ad", "Advert", "Advertising", "Advertisement" or "Advertisement feature". The same word is on the FTC's list of acceptable US labels.

Does US disclosure law apply to a campaign run from Europe?

The FTC says US law applies when it is reasonably foreseeable that the post will affect US consumers. A creator posting in English to an audience that includes the US should meet the FTC's standard as well as the local one.

Sources

All read on 28 or 29 September 2026.

• eCFR, 16 CFR Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising (source 88 FR 48102, 26 July 2023): 255.0(f) and Example 9, 255.1(d)-(e), 255.5(a) and Examples 7, 8 and 11. ecfr.gov
• eCFR, 16 CFR Part 465, Use of Consumer Reviews and Testimonials (source 89 FR 68077, 22 August 2024; timeline entry 21 October 2024). ecfr.gov
• FTC, "Disclosures 101 for Social Media Influencers" (November 2019). ftc.gov
• FTC, "FTC's Endorsement Guides: What People Are Asking". ftc.gov
• FTC, press release on the final rule banning fake reviews and testimonials, 14 August 2024. ftc.gov
• ASA/CAP and CMA, "Influencers' guide to making clear that ads are ads" (third edition, 23 March 2023; PDF linked from the page). asa.org.uk
• CAP Code, section 2: Recognition of marketing communications. asa.org.uk
• Digital Markets, Competition and Consumers Act 2024, Schedule 20, paragraphs 12, 13 and 25 (in force 6 April 2025). legislation.gov.uk
• CMA, "Social media endorsements: guidance for brands" (updated 28 August 2025). gov.uk
• CMA, "Who regulates hidden advertising?". assets.publishing.service.gov.uk
• CMA, press release on the new consumer protection regime, 7 April 2025. gov.uk
• Directive 2005/29/EC (Unfair Commercial Practices Directive), consolidated text of 28 May 2022: Article 2(b), Article 13, Annex I points 11, 22, 23b and 23c. eur-lex.europa.eu
• European Commission, Influencer Legal Hub. commission.europa.eu
• European Commission, Influencer Legal Hub, "Legal brief #6: How to disclose advertising on social media". commission.europa.eu
• European Commission, Influencer Legal Hub, "Dos and Don'ts: Best practices for advertising disclosures". commission.europa.eu
• European Commission, press release IP/24/708 on the influencer sweep, 14 February 2024. ec.europa.eu
• Gesetz gegen den unlauteren Wettbewerb (UWG), § 5a and § 8. gesetze-im-internet.de, § 8
• Digitale-Dienste-Gesetz (DDG), § 6. gesetze-im-internet.de
• Medienstaatsvertrag (MStV), § 8, § 22 and § 74 (text valid from 1 December 2025). gesetze-bayern.de
• Bundesgerichtshof, press release on I ZR 90/20, I ZR 125/20 and I ZR 126/20, 9 September 2021. bundesgerichtshof.de
• Die Medienanstalten, "Leitfaden Werbekennzeichnung bei Online-Medien" (May 2025). die-medienanstalten.de
• Loi n° 2023-451 du 9 juin 2023, consolidated version: articles 5, 8 and 9. legifrance.gouv.fr
• Loi n° 2023-451, article 5-2 (in force since 8 November 2024). legifrance.gouv.fr
• Décret n° 2025-1137 du 28 novembre 2025 (contract threshold, article 8). legifrance.gouv.fr
• Meta, Branded Content Policies. facebook.com
• TikTok, Branded Content Policy (published 4 August 2026, effective 31 August 2026). tiktok.com
• YouTube Help, paid product placements, sponsorships and endorsements. support.google.com