Rules and ethics
Part of Before you sign a creator contract, check the rules and ethics
Before you treat creator contracts advertising rules as boilerplate
Creator contracts and advertising disclosure in the UK: what to fix before signing, from ASA and CMA rules to data duties and record keeping.
What to take away
- Most teams add disclosure after the edit is locked, when agreeing it before filming costs less.
- UK advertising rules apply in England, Scotland, Wales and Northern Ireland through the same CAP Code, with consumer law enforced by the CMA alongside it.
- The contract should name who approves claims and how long evidence is kept.
- Creator personal data needs a lawful basis and a stated retention period.
- Creator contracts sit outside employment law, so copying employment terms and freelance contracts wording across causes avoidable disputes.
Rules that apply across the UK
Advertising claims and influencer disclosure in the UK run on two regimes at once. The CAP Code sets the standard and is enforced by the Advertising Standards Authority, and its remit covers England, Scotland, Wales and Northern Ireland, so a campaign filmed in Bristol and posted by a creator in Belfast is judged the same way. Consumer law sits alongside it: the Competition and Markets Authority enforces the Consumer Protection from Unfair Trading Regulations 2008, which the Digital Markets, Competition and Consumers Act 2024 is replacing in stages.
The ASA's advice for businesses explains how to check a claim before publication: ASA advice for businesses.
Prize promotions, health claims and tax each add their own layer. Lotteries fall to the Gambling Commission under the Gambling Act 2005, and the CAP Code's sales-promotion rules govern how a prize draw is promoted. Health and nutrition claims are judged against the CAP Code's food and health claim rules, and fees, gifts and affiliate commission are taxable income, which puts them in HMRC's territory. Our creator contracts UK rules and compliance guide maps those extra layers onto the agreement.
Financial promotions are stricter still. A creator promoting investments or credit normally needs the content approved by an FCA-authorised person under section 21 of the Financial Services and Markets Act 2000. Where a campaign runs on a video-on-demand service rather than a social platform, Ofcom's on-demand programme service rules apply as well.
Disclosure duties checklist
The CAP Code's recognition rules set the test: rule 2.1 requires marketing communications to be obviously identifiable as such, and rule 2.3 stops an ad being passed off as ordinary consumer content. A paid partnership must therefore be obvious before a viewer engages with the content, not buried at the end of a hashtag block. Put the disclosure in the first line of the caption and in the video itself where the platform allows. The CMA and ASA Influencer's Guide to making clear that ads are ads is the practical companion to those rules.
Disclosure Duties Checklist
- Paid partnership obvious before engagement
- Disclosure in first caption line
- Disclosure in video where allowed
- Gifted items count if brand controls message
- Affiliate links labelled at the link
Gifted items count as advertising when the brand controls the message. If the creator keeps full editorial control and no money changes hands, the position is different, but the brand should still record why it reached that view.
Affiliate links are advertising. Label them at the point of the link rather than only in a footnote.
Data and record keeping
You will usually hold personal data about the creator, their audience metrics and the campaign results, so the UK GDPR and the Data Protection Act 2018 apply. Decide the lawful basis before collection — consent, contract, legal obligation, vital interests, public task or legitimate interests — and record why it fits. The Information Commissioner's Office enforces this and publishes the retention guidance, so put a retention period in the agreement rather than leaving it open.
Data and Record Keeping
- Decide lawful basis before collection
- Put retention period in agreement
- Split duties between brand and creator
- Check certification scheme accreditation
- Keep brief, script and claim evidence
The split of duties between brand and creator is set out in our guide to creator contracts under UK regulations. Read it before you draft the data clause.
Where a certification scheme is used to show compliance, Schedule 5 of the Data Protection Act 2018 covers how certification providers are accredited. That matters if you rely on a third-party badge during supplier checks.
Keep the brief, the approved script and the claim evidence together. If a complaint arrives months later, the ASA will ask what the advertiser held when the content went live.
Contract terms to fix
Put the deliverables and the payment date in writing every time. Add usage rights, exclusivity limits and a kill fee for cancelled work, because those clauses cause most disputes.
Where you engage a producer or editor on staff terms, section 1 of the Employment Rights Act 1996 requires a written statement of particulars, and the GOV.UK guidance on employment contracts and working hours explains what it must contain. Freelance creator deals sit outside that framework, so do not copy employment wording across.
Name the person who signs off claims, and give them authority to delay publication.
Scoring rubric
Score each campaign before publication; anything below 18 out of 25 goes back for a rewrite.
| Check | Score (0 to 5) | Evidence to attach |
|---|---|---|
| Disclosure placement | Caption and video screenshots | |
| Claim substantiation | Signed-off evidence file | |
| Data handling | Retention period in the contract | |
| Contract terms | Signed agreement | |
| Approval trail | Email or platform record |
This is general guidance rather than legal advice, and individual cases need a qualified adviser.
Common questions
Do the same rules apply in Scotland and Wales?
Yes. The CAP Code and the ASA's remit cover the whole UK, so the disclosure standard does not change at the border. Employment paperwork can differ, which is where local advice helps.
Who is liable when disclosure is missing?
The ASA can name the advertiser, and brands carry most of the risk in practice. Creators can be named too, so agree the wording in writing.
How long should campaign records be kept?
There is no single UK retention period for campaign evidence. Set one in the contract, and keep claim evidence for as long as the content stays live and promoted.
Does every creator need a written contract?
No rule requires a written agreement for every post, but a written contract is the practical way to prove terms. Verbal deals are hard to enforce.
