The short answer
In the UK, influencer and affiliate content is advertising whenever there is payment, an incentive, a commercial connection or an affiliate link, so it must be clearly labelled upfront. The ASA usually holds the brand at least jointly responsible for affiliate content, and gambling, crypto and finance brands carry extra rules on top.
Key takeaways
- Content with an affiliate link or code counts as advertising under the CAP Code.
- The ASA prefers clear labels such as 'Ad', placed upfront.
- Brands are usually held at least jointly responsible for affiliate content.
- Gambling ads must not be of strong appeal to under-18s; crypto promotions need FCA-compliant routes.
When is influencer content an ad?
The ASA's guidance on recognising ads on social media says section 2 of the CAP Code requires marketing to be obviously identifiable. When a brand gives a creator a payment or any other incentive, or the creator is commercially connected to the brand, content featuring that brand needs to make clear that it is advertising. Affiliate links and codes count too: the creator is acting as an advertiser because they earn commission.
How should it be labelled?
The ASA's advice on making clear that an ad is an ad says labels such as "Ad", "Advert" and "Advertising" are very likely to be acceptable, and that it advises against "sponsored", "affiliate", "aff" and "spon". The label must be prominent and appear before people engage with the content. The full Influencers' guide includes a flowchart and visual examples.
Who is responsible for affiliate content?
The brand, at least in part. The ASA says it typically considers the brand at least jointly responsible for affiliate content, whether or not it knew about or controlled the specific post. For gambling, the ASA says primary responsibility remains with the operator, including for affiliates' email marketing consent.
What extra rules apply to gambling, crypto and finance?
- Gambling: Section 16 of the CAP Code says gambling ads must not be likely to be of strong appeal to under-18s, and must not feature a person or character whose example is likely to be followed by under-18s or who has strong appeal to them. That rules out many popular creators, whatever their adult audience. Our guide to the 2026 UK bonus rules covers what offers creators can promote.
- Crypto and investments: The FCA says influencers promoting regulated products without approval from an authorised person may be committing a criminal offence. See our guide to UK crypto marketing rules.
- Lifestyle and consumer brands: The same ad-labelling rules apply to gifted products and affiliate links, so even a fashion or travel partnership needs a clear upfront label.
How do hybrid deals fit in?
Many brands now combine a fixed fee with a commission, revenue share or CPA. The structure can align incentives, but it does not change the rules: the content is still advertising, still needs labelling and the brand still shares responsibility. We recommend written briefs, approved claims, a pre-publication check for regulated sectors and a simple monitoring routine for live content.
Questions people ask
Is affiliate content an ad?
Yes. The ASA says that when an influencer includes an affiliate link or code, they are acting as an advertiser, so content referring to that product counts as advertising and must be obviously identifiable.
Is 'sponsored' or '#aff' an acceptable label?
The ASA advises against labels such as 'sponsored', 'affiliate', 'aff' or 'spon' because consumers may not understand them. It prefers labels such as 'Ad', 'Advert' or 'Advertising'.
Who is responsible if an affiliate breaks the rules?
For non-broadcast gambling affiliate marketing, the ASA says primary responsibility remains with the gambling operator. More generally, it typically considers the brand at least jointly responsible for affiliate content.
Sources
- Recognising ads: social media and influencer marketingASA and CAP
- #Ad(vice): making clear that an ad is an adASA and CAP
- Influencers' guide to making clear that ads are adsASA and CAP
- Gambling on your affiliates?ASA and CAP
- CAP Code section 16: GamblingASA and CAP
Sources checked on 10 October 2026. Rules change, so always confirm the current position with the regulator.
