Sponsored Content Disclosure Rules: UK, EU and Australia

If you are paid, sent a free product, or earn commission for featuring a brand, you must make that clear to viewers in the UK, the EU and Australia, and the label has to be obvious before people have to dig for it. YouTube’s “includes paid promotion” checkbox helps, but on its own it is not a guarantee that you have met the law or the advertising codes. This guide compares the three regions, gives you wording you can copy, and shows how to run one disclosure habit that works in all of them. For the United States, see our separate guide to FTC rules for YouTube creators.

The short version: one habit that covers three regions

Regulators in all three places start from the same idea: viewers should not have to guess whether a recommendation was bought. The practical rule that satisfies the strictest guidance is simple. Say it in plain words, say it early, say it in the video itself (not only in the description), and repeat it where people read about the video, such as the title, thumbnail or the first line of the description.

The phrases that come up again and again in official guidance are “ad”, “advert” or “advertisement”, and “paid partnership” or “paid promotion”. Vague or jargon-heavy labels get criticised everywhere. Wording such as “sp”, “spon”, “collab” or a lone “affiliate” is the kind of thing UK and Australian regulators have specifically called out.

The first two numbers come from the Australian Competition and Consumer Commission (ACCC). The third is the CMA’s stated maximum for infringing consumer protection law, which is aimed mainly at companies, but it shows how seriously the UK treats hidden advertising.

United Kingdom: ASA, the CAP Code, the CMA and Trading Standards

Several bodies share the job in the UK. The Advertising Standards Authority (ASA) enforces the CAP Code, which requires ads to be obviously identifiable as ads. The Competition and Markets Authority (CMA) enforces consumer protection law, now under Part 4 of the Digital Markets, Competition and Consumers Act (DMCC Act), mainly where there is a market-wide problem. Trading Standards departments can act against anyone in the advertising chain and serve as a backstop to the ASA. According to government guidance, the rules apply across the whole chain: creators, agencies, brands and platforms.

What counts as an ad in the UK

The ASA treats content as advertising when there is payment or another incentive and the brand has some control over the content. In its influencer guidance, it says any payment or incentive, including an unsolicited gift, means content that refers to the brand must be obviously identifiable as advertising. The ASA also notes the same expectation exists in consumer protection law. For affiliate links and codes, content that refers to a product through an affiliate link or code counts as advertising, and the ASA typically treats the brand as at least jointly responsible with the creator, even if the brand did not write the post.

Which labels the ASA accepts and rejects

The ASA names “Ad”, “Advert”, “Advertising”, “Ad Feature” and “Advertisement Feature” as the most appropriate labels. A hash symbol is optional. Labels it has said are not sufficient on their own include “sponsored”, “gifted”, “supported by”, “in association with”, “#brandambassador”, and abbreviations such as “sp” or “spon”. An @mention or brand tag alone does not do the job, and neither does a discount code alone. Be aware that the ASA’s list is stricter than ordinary speech: many creators say “sponsored” naturally, and in the UK that may not be treated as enough if it is the only signal.

Where the label must appear on YouTube

The ASA expects a label to be prominent, normally at the start, and visible before people click, expand or watch. Text hidden behind “show more”, buried among hashtags or in low-contrast colour is not enough. For YouTube specifically, its guidance says the disclosure should be at minimum in the title and/or the thumbnail. For video that is not on a platform with a title field, it should be clear from the outset. Its guidance on affiliate vlogs adds that a clear on-screen or spoken disclosure, plus a clear description, is expected, and that a disclaimer at the bottom is unlikely to be sufficient.

The ASA also says platform paid-partnership tools may help, but if the label is unclear or obscured, add your own “Ad” label as well. A bio saying you are an ambassador, or an earlier post, does not replace a label on each relevant video.

Consequences in the UK

The ASA uses escalating sanctions, including naming non-compliant influencers and brands, running on-platform campaigns against them, and referring serious cases to Trading Standards. The CMA has previously obtained undertakings from influencers who did not disclose paid endorsements, and its new direct powers allow fines of up to 10% of global turnover for infringing consumer protection law (the CMA says fines in the first 12 months are likely to be lower because the powers cannot be applied retrospectively). The DMCC Act also bans posting and commissioning fake reviews. For a typical small creator, the realistic risks are an ASA ruling, public naming, brand relationships ending and platform action rather than a turnover-based fine, but do not rely on being too small to notice.

European Union: one directive, many national rulebooks

In the EU the central instrument is the Unfair Commercial Practices Directive (UCPD), which prohibits misleading commercial practices, including failing to make the commercial intent of content clear. The European Commission’s Influencer Legal Hub explains that influencers who regularly advertise or sell products are treated as “traders” under EU law, and that advertising must be disclosed, including brand partnerships, content created in exchange for products or services, and affiliate marketing. The Hub reflects the “5 Key Principles on Social Media Marketing Disclosures” agreed by the EU consumer protection network.

How the rules differ by country

Because directives are implemented by each member state, details vary. According to the Commission’s hub, several authorities publish their own influencer guidance (examples it gives include Belgium, Germany and Poland, as well as Norway in the wider European Economic Area), and enforcement looks different from place to place. It cites France’s consumer authority issuing injunctions, a fine of EUR 15,000 in Latvia, and fines in Denmark between DKK 15,000 and DKK 50,000. In some countries media regulators, not just consumer authorities, apply rules to online video. YouTube’s own branded-content page points creators to regulators such as the DGCCRF in France and the Medienanstalten in Germany for local requirements. Several countries also run self-regulatory schemes; the hub mentions adEthics certification in countries including Austria, France, Germany, Spain and Sweden.

What this means in practice: a label that is accepted in one country may not be seen as sufficient in another, and local-language wording matters. If you publish in German, French or Spanish, use the local word for advertising, and check what that country’s authority recommends. We have not tried to list every national rule here, because they change and because we could not verify them all against official sources.

Responsibility sits with several people

The Commission’s hub is clear that influencers, agencies and brands can all be involved, and it highlights a Norwegian case where the trader (the brand) was held responsible for unclear commercial intent. Whether you count as a trader depends on factors such as sales volume and whether you have a VAT number, based on a Court of Justice of the EU ruling (Case C-105/17, Kamenova). Do not assume that being a hobbyist protects you if you regularly earn from promotions.

What YouTube’s “includes paid promotion” checkbox does

When you upload, you can tick the paid promotion option in the video details. According to YouTube Help, this adds a disclosure label that appears at the beginning of the video. YouTube lists branded content, sponsorships, endorsements and other commercial relationships as things to disclose this way. Once you select it you can also set age and country restrictions in YouTube Studio on a computer.

Three limits matter. First, YouTube says creators and their partners remain responsible for meeting legal requirements, and its page states that it is not legal advice. Second, the help page does not address free products or affiliate links specifically, so do not assume the checkbox is the right answer for every arrangement; your own spoken and written disclosure still needs to cover them. Third, the YouTube label is a platform feature, while regulators judge the whole experience. As the ASA puts it for platform tools generally, if the label is unclear or obscured, add your own. Our US FTC guide covers the American position, which also expects disclosure within the video.

Australia: the ACCC, Australian Consumer Law and the AANA code

Australia has two overlapping layers. The law is the Australian Consumer Law (ACL), enforced by the ACCC, which prohibits misleading or deceptive conduct. The ACCC says this applies to influencers, brands and marketers alike. The second layer is self-regulation: the Australian Association of National Advertisers (AANA) Code of Ethics, with complaints handled by Ad Standards and its Community Panel.

What the ACCC expects

After reviewing 118 influencers, the ACCC reported that 81% had posts raising concerns, and the most common issue was not disclosing brand relationships. It also noted unclear terms such as “sp” or “spon” and disclosures formatted so they were hard to notice. Its message to influencers: make promotional posts clearly and immediately obvious, including when you received free products, tickets or other incentives; do not make misleading claims or misrepresent your experience. Its message to brands: make sure influencers understand their obligations and do not give scripts that require them to misrepresent their views. The ACCC said it planned to publish guidance on disclosure in early 2024; check accc.gov.au for the current version.

What the AANA code says

Section 2.7 of the AANA Code of Ethics says advertising must be clearly distinguishable as such. The AANA’s guidance says where an influencer accepts money or free products or services in exchange for promoting a brand, the relationship must be clear, obvious and upfront. It lists labels such as “#ad”, “Advert”, “Advertising”, “Branded Content”, “Paid Partnership” and “Paid Promotion” as clear, and labels such as “#sp”, “Spon”, “gifted”, “Affiliate” and “Collab” as potentially insufficient. Responsibility under the code generally falls to the advertiser, meaning the brand with control over the material, which is one reason brands brief creators on disclosure.

Side-by-side comparison

A practical disclosure checklist

1. Decide before filming whether the video is an ad: any payment, free product, trip, commission, affiliate link, or brand-supplied discount code means disclose.
2. Put “Ad” or “Paid partnership with [brand]” in the title or on the thumbnail where the guidance asks for it.
3. Say it out loud in the first moments of the video, and show on-screen text at the same time.
4. Tick “includes paid promotion” in YouTube Studio. Treat this as an addition, not a replacement.
5. Start the description with a plain sentence, above the “show more” fold, for example “Ad: this video was paid for by [brand]”.
6. Disclose again if the sponsor mention comes mid-video, since viewers may skip the start.
7. Label affiliate links in the description right next to the links, and say you earn commission.
8. Keep your opinions honest. Do not say you use something you do not, and do not write fake or incentivised reviews as if they were independent.
9. Keep records of contracts, briefs and the final disclosure text for each deal.
10. Re-check each target country’s guidance at least once a year, and after any regulator announcement.

Wording examples

These are examples, not legal templates. Adapt them to your deal and language.

If you work across countries

Most creators with an international audience cannot write a different video for each country. The efficient answer is to follow the strictest common standard: plain “Ad” wording, in the video, upfront, plus the platform label. For text that people read, such as titles and descriptions, a short translated line helps viewers in non-English markets, and you can add subtitles in other languages (see our guide to localising videos).

• Know where the audience is. Check YouTube Analytics for geography. Regulators generally look at the audience they target, not only where you live.
• Brief your sponsor. Ask them which markets the campaign targets and whether they have disclosure requirements; many brands have their own rules, and brands are often held jointly responsible.
• Use country restrictions carefully. The paid promotion option lets you set country and age restrictions in YouTube Studio, which can be useful if a sponsored claim is not allowed in some places.
• Watch category rules. Finance, health, alcohol, gambling and children’s products often have stricter advertising rules in every region. Check these before accepting the deal.
• Tax and business paperwork is separate. See our business basics guide.

If you are still learning how to approach brands in the first place, read how to pitch brands as a small creator, and put disclosure expectations into the first email you send.

Common mistakes

• Relying only on the YouTube checkbox and saying nothing in the video.
• Disclosing only below the “show more” fold of the description.
• Using “sponsored”, “gifted” or “collab” alone in the UK or Australia, where regulators have called these labels insufficient or risky on their own.
• Assuming a gifted product without a contract does not count. In the UK and Australia, free products are an incentive that triggers disclosure.
• Posing as an ordinary customer. The UK guidance prohibits pretending to be an independent consumer when you are not.
• Forgetting that old videos with affiliate links are still live and still need labels.
• Letting a brand script force claims you cannot support. The ACCC warns brands against scripts that make influencers misrepresent their experience.

What we do not know

Official guidance changes, and some parts of it are not published in one place. We could not confirm every national EU rule, the current text of the ACCC’s later disclosure guidance, or exactly how YouTube’s label interacts with each country’s rules. Enforcement also differs from case to case. When in doubt, disclose more clearly rather than less, and ask the relevant regulator.

Frequently asked questions

Do I have to disclose a free product in the UK?

The ASA says any payment or incentive, including an unsolicited gift, means content referring to the brand must be obviously identifiable as advertising. It also says a “gifted” label is not considered sufficiently clear, so say “Ad” and explain that the product was free.

Is YouTube’s paid promotion label enough in the EU?

It is a useful part of disclosure, but YouTube itself says creators and partners are responsible for legal compliance. EU rules are applied nationally, so also say it in the video in clear local-language wording.

Is “sponsored” a good enough label in Australia?

The ACCC criticised unclear abbreviations like “sp” and “spon”, and the AANA lists clearer labels such as “#ad” and “Paid Partnership”. Spelling out “Ad” or “Paid partnership” avoids doubt.

Do affiliate links need a disclosure?

Yes in all three regions. The ASA treats content with affiliate links or codes as advertising, the Commission’s hub says affiliate marketing must be disclosed, and the AANA lists a lone “Affiliate” as potentially insufficient.

Which country’s rules apply if my viewers are worldwide?

Regulators focus on the audience a campaign targets, so the safest approach is to follow the strictest common standard: a plain “Ad” in the title or thumbnail where appropriate, a spoken and on-screen disclosure, and the YouTube label.

Conclusion

Disclosure is a small cost for a lot of trust. Build the habit once, tick the YouTube box, speak the line, and keep records. If you are also reading about AI labels, see YouTube’s AI content rules, and plan your channel finances with the earnings estimator.

Sources: ASA, recognising ads on social media; ASA affiliate marketing advice; European Commission, Influencer Legal Hub; ACCC media release; YouTube Help, paid promotion. Checked October 2026.