Micro influencers: UK contract requirements

What to take away

UK advertising rules depend on whether content is a paid promotion, not on follower count, so a micro influencer faces the same labelling duty as a large creator.
No law requires a written deal for every brand collaboration, but without one the fee, deadline and payment date are open to dispute.
Six clauses cover most micro influencers and nano creators: parties, deliverables, disclosure, fee, usage rights, and exclusivity or termination.
Keep the signed agreement, the brief and screenshots of published labels, because that record answers most complaints.

Follower count does not set the standard

The ASA's CAP Code covers advertising in UK media, and its advice on recognising ads in social media draws no line at a particular follower number.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) prohibit misleading commercial practices. The Competition and Markets Authority (CMA) can act against a brand or creator, and a contract cannot make a misleading claim lawful.

A nano influencer agreement can cover a single free product and still be advertising. Payment need not be cash: a discount code, a free stay or an affiliate commission all count.

Brands sometimes argue that a small account is a favour rather than a promotion. The rules do not work that way, and a contract is the moment to settle the point.

What to put in a micro influencer contract

A short deal can cover six clauses. Number them so neither side has to guess what happens next:

Parties:give each party’s legal name and contact details, and identify the creator’s account.
Deliverables:specify the platform, content format, deadlines, review process and any agreed revisions.
Disclosure:require a clear label such as “#ad” at the start of each relevant post, and say who checks it before publication.
Fee:state the amount, invoice requirements, payment date, expenses and how gifted items are treated.
Usage rights:define where and how long the brand can use the content, whether it can edit it or use it in paid advertising, and whether it can pass those rights on.
Exclusivity or termination:define any restricted competitors and period, how either party can end the deal, and what happens to payment and content if it ends early.

Six clauses for a micro influencer contract

Partiesbrand, trading name, sole trader or limited
Deliverablesposts, platform, format, live dates
Disclosureexact label, caption position, approval
Fee and paymentamount, VAT, invoice, deadline
Usage rightsreuse, boost, channels, paid media
Exclusivity and terminationrival brands, notice period

Where a campaign involves pixels, audience data or a shared mailing list, the UK GDPR and Data Protection Act 2018 apply to personal data. The contract should identify whether each party is a controller or processor, state the purposes and lawful basis for using the data, and cover security, retention and deletion. If one party is a processor, set out its instructions, confidentiality and security duties, use of sub-processors, assistance with data requests and breaches, and return or deletion of data. Check whether you must pay the ICO data protection fee and appear on its register of fee payers; some organisations are exempt.

Disclosure is the clause brands check first

A label buried at the end of a hashtag block fails the identifiability test. Write the required wording into the agreement: use “#ad” at the start of the caption, where it is immediately clear, and set out who checks the caption before it goes live. Our guide to ASA influencer disclosure rules covers the labels that pass.

Disclosure label placement

Fails the test

Caption position: Buried at end
Stories and short video: Label omitted
Approval: Nobody checks

Passes the test

Caption position: First two lines
Stories and short video: Label repeated
Approval: Brand checks pre-publish

Keep the label in the first two lines so it survives the caption cut-off, and repeat it on Stories and short video. A brand that asks you to hide it is passing the regulatory risk to you.

Payment, tax and your own records

Fees and gifted items count as trading income. Register with HMRC once you start earning, keep invoices and expenses, and check the current VAT registration threshold before turnover passes it.

The payment clause should state the fee, invoice requirements, due date, approved expenses and any agreed late-payment interest or charge. Say what happens to payment if the campaign is cancelled or the brand rejects the content, so neither side is left to guess.

Our guide to influencer payment terms shows the invoice wording and chase sequence that most brands accept without argument.

Common questions

Does a micro influencer need a written contract in the UK?

Not for every deal, because UK law does not require one. A written agreement still fixes the fee, the deadline and the scope, and a verbal deal is hard to prove when the brand pays late.

Is there a follower threshold for the ASA rules?

No. The CAP Code and the CMA's guidance turn on whether the content is a paid promotion, not on audience size. A creator with a few hundred followers labels ads in the same way as one with millions.

What if the brand only sent a free product?

The content is still an ad when the brand expected coverage in return. Put the timing, the label and any credit in a short agreement anyway, because gifted posts cause the same disputes as paid ones.

Can a template replace legal advice?

A template is a sensible starting point for a straightforward deal. Ask a qualified adviser about exclusivity, long usage rights or personal data, since those clauses carry the most risk. This article is general guidance only.