Having a contract in place and a clear brief which stipulates what the influencer should include in each post are the simplest ways to ensure clarity on all sides.
Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) says,
CPR Rule 11: It is a blacklisted practice to use editorial content to promote a product where a brand has paid for the promotion without making it clear within the content or by images or sounds.
CPR Rule 22: It is prohibited to falsely claim or create the impression that the influencer is representing oneself as a consumer.
A commercial relationship must be disclosed if there is:
The Competition and Markets Authority (“CMA”), a government agency and the competition regulator in the United Kingdom, has published guidance on influencer marketing for brands and influencers themselves, which says,
Avoid unclear hashtags, for example do not use:
Control over influencer marketing is expected to get tighter under the Digital Markets, Competition and Consumer Bill which will come into force in mid to late 2024. The UK government will be giving the CMA the power to decide whether consumer protection law has been breached and to impose fines of up to 10% of annual turnover for those who infringe the regulations. If you are ever in doubt, use #ad.
Whether an on-pack promotion or being run with an influencer, a promotion with prizes such as instant wins, prize draws and competitions, should comply with the CAP Code rules.
The promotor (whoever is running the promotion) should ensure,
Prize promotions are an effective but often resource intensive marketing practice which carries an element of risk for the promotor if not run in compliance with local rules and regulations.
As a specialist and independent prize promotions agency, PromoVeritas have successfully managed more than 16,000 promotions, awarded more than £35 million in prize value and have a dedicated and experienced in-house Legal team.
Our team can provide a legal review of marketing communications, prepare suitable Terms and Conditions and contract agreements and offer complimentary Compliance Training to brands and their agencies. We tailor the session to your needs covering best marketing practices including Influencer Marketing in the UK, EU and globally.
We have collated a range of useful resources which you should review ahead of any campaign.