Influencer Law Explained: The Rules You Must Know in 2026

What is “influencer law”?

Influencer law is a mix of different legal and platform influencer marketing regulations that all apply at once when brands work with creators.

At its core, it includes advertising and consumer protection laws (like the FTC Endorsement Guides and deceptive advertising rules), which govern disclosures, truth-in-advertising, and paid partnerships. It also includes privacy and data protection laws (such as GDPR and CCPA), which affect how creators collect, use, and share audience data. 

On top of that, there are platform-specific policies from TikTok, Instagram, YouTube, and others, which set their own disclosure, labeling, and content requirements.

In short: influencer law is the overlap between marketing law, privacy law, and platform rules, and brands are responsible for getting all three right.

However, here’s how rules vary from country to country 👇

Influencer marketing laws around the world

Influencer marketing is regulated almost everywhere, but how it’s regulated varies by country. 

The common thread? Transparency, consumer protection, and accountability. However, the enforcement style and details differ.

Influencer laws in the US 

In the US, influencer marketing is governed primarily by consumer protection law, enforced by the Federal Trade Commission (FTC).

The core rule: any “material connection” between a brand and a creator must be clearly and conspicuously disclosed. This includes paid partnerships, gifted products, affiliate links, discounts, trips, or anything of value.

Key points:

• Disclosures must be hard to miss (e.g., “#ad” or “Paid partnership with X”).

• Disclosures must appear where the endorsement appears (not buried in captions, comments, or profile bios).

• Both brands and influencers can be held liable for violations.

• Claims must be truthful and substantiated (especially in health, beauty, finance, and fitness).

In recent years, the FTC has shifted from warnings to public enforcement actions and fines, making brand-side compliance programs critical.

Influencer laws in the UK

The UK has one of the most structured and strict influencer marketing law.

Influencer marketing is regulated jointly by the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA). The guiding principle: ads must be obviously identifiable as ads.

Key requirements:

• If a brand has payment or control, the content must be labeled as advertising.

• Accepted labels include “Ad,” “Advert,” or “Advertisement” (clear and upfront).

• Ambiguous labels like “#sp,” “#collab,” or “#gifted” are often insufficient.

• The UK enforces rules on misleading claims, price transparency, and omission of material information.

The CMA has also directly targeted influencers and brands, requiring formal compliance undertakings, meaning violations can escalate fast.

Influencer laws in the EU and beyond

Across the EU, influencer marketing falls under harmonized consumer protection law, with country-specific enforcement.

At the EU level, key frameworks include:

• Unfair Commercial Practices Directive (UCPD) – bans misleading and covert advertising.

• Digital Services Act (DSA) – increases transparency obligations on platforms and advertisers.

• GDPR – governs how influencer campaigns collect, track, and process personal data.

Common EU principles:

• Paid content must be clearly identifiable as commercial communication.

• Disclosures must be immediate and understandable in the local language.

• Influencers can be considered “traders”, making them directly liable.

Besides, France has some of the most explicit influencer laws, including mandatory disclosure wording and restrictions on certain product categories. 

Germany enforces strict labeling rules and has seen extensive litigation around insufficient disclosures. Nordic countries are aggressive on enforcement, particularly around consumer deception.

Outside the EU, countries like Canada, Australia, and Singapore follow similar transparency-based frameworks, often modeled after FTC-style disclosure rules, with local twists.

Let’s see how to apply influencer marketing regulations in practice 👇

How to Apply FTC Guidelines for Influencer Marketing 

If you remember one thing about the FTC influencer guidelines, let it be this: the FTC cares less about what platform you’re on and more about whether a normal person instantly understands that content is an ad. 

Everything else flows from that. The rules live inside the FTC Endorsement Guides, supported by FTC education like “Disclosures 101” and years of enforcement actions. They’re principles-based, which is why brands still get tripped up.

When you must disclose (material connections 101)

You must disclose any material connection between a brand and a creator that could affect how an audience evaluates the endorsement. That includes:

• Cash payments

• Free or gifted products (even with “no obligation to post”)

• Affiliate links

• Discount codes

• Trips, experiences, or exclusive access

• Employment or long-term brand relationships

If there’s anything of value, assume disclosure is required. The FTC has been very clear: “gifted” still counts as a material connection.

What counts as a “clear and conspicuous” disclosure?

This is where most mistakes happen. The FTC  wants clarity, not clever disclosures or legal jargon. A disclosure has to be obvious in plain language, something an average person instantly understands, like “#ad” or “Sponsored by X.” 

Image source.

(As you can see on my screen, the beauty influencer used the “Paid partnership” tag and also doubled it in the hashtag at the beginning. This is a great example of compliance with influencer marketing law.)

It also has to be impossible to miss. That means it appears close to the endorsement itself, not separated from the claim, and it’s presented in a way that works on mobile, where most people are actually viewing the content.

In practice, this means using short, standard disclosures such as #ad or #sponsored, placing them at the very beginning of captions, and matching the language of the post so nothing gets lost in translation. 

What doesn’t work are vague signals like “#sp” or “#collab,” disclosures buried after a “see more” break, hashtag dumps where #ad disappears into the noise, or relying solely on a platform’s paid partnership label without clear text context.

Updates

Spain has moved beyond soft self‑regulation and built actual regulatory teeth for high‑impact influencers. Under Royal Decree 444/2024, promulgated under the General Law on Audiovisual Communication, influencers who meet set thresholds are now treated as regulated audiovisual service providers. 

To qualify as a “usuario de especial relevancia” (user of special relevance), an influencer must typically earn €300,000 or more in gross revenue from online content, have at least 1 million followers on a single video platform or 2 million across platforms, and publish 24+ video posts annually.

Once in this category, creators must:

• Register with the State Registry of Audiovisual Providers;

• Clearly identify advertising content, making it unmistakable over editorial content;

• Provide protective disclosures if content could impact minors;

• Comply with audiovisual advertising laws, including alcohol, gambling, and harmful content restrictions.

A new Advertising Code of Conduct, entering into force on 1 October 2025, sharpens these duties. It strengthens obligations around transparency, demands clearer ads labeling from the outset of posts, and requires contract clauses that bind brands, agencies, and influencers to ethical standards. It also prohibits ambiguous labeling (e.g., “gifted”) and explicitly addresses AI‑generated content so it can’t mislead consumers. 

These developments position Spain as one of the first EU members with proactive influencer‑specific obligations, not just general consumer protection laws.

Here’s a clean comparison table 👇

US vs UK/EU Influencer Marketing Rules – Quick Comparison

10 legal risks every influencer marketing team has to manage

Here’s a deep dive into the ten biggest must-know risks you need to manage.

1. Undisclosed paid partnerships (hidden ads)

What does The FTC say? Any endorsement is advertising if there’s a material connection between the brand and the influencer. Think cash, free products, affiliate links, trips. 

A compliant post says “#ad” or “Sponsored by Brand X” prominently at the top. 

A non-compliant post buries the disclosure at the end of a caption or hides it in a sea of hashtags. Ensuring transparency is legally required.

Non-compliance isn’t theoretical; the FTC has issued public warning letters and taken brands to task for hidden ads.

Why is the first example good and the second bad?

The first clearly discloses a paid partnership by using the tag and placing “AD” at the beginning of the description, while the second example omits these disclosures entirely.

2. Misleading or unsubstantiated product claims

Be alert about claims, especially in sensitive categories like health, finance, weight loss, or miracle results. 

What influencers can’t say? A supplement “guarantees weight loss” without solid proofThe FTC’s endorsement guidelines require that all claims be truthful and substantiated. 

The consequences? Enforcement actions, fines, and consumer backlash.

The solution? Every campaign brief should explicitly outline what claims are permissible and how they must be supported.

3. Fake reviews & “astroturf” endorsements

Fake reviews, AI-generated testimonials, or incentivizing misleading endorsements is a big taboo. The FTC considers these deceptive practices, with penalties of up to $43,792 per violation. Source: FTC

Influencer marketing teams need to make sure creators are genuine and that any reviews or endorsements reflect real experiences.

 Must-have actions? Regularly tracking and monitoring campaigns for astroturfed content is critical to avoid regulatory exposure.

4. Platform-specific ad rules (Instagram, TikTok, YouTube)

Each platform has its own branded content policies, and these do not replace legal disclosure requirements. Instagram, TikTok, and YouTube all require creators to use their “Paid Partnership” tags, but the FTC still expects disclosures in text and captions. 

What does this mean for your brand? Your content briefs must include explicit instructions on disclosure placement, especially in Stories, Reels, or livestreams, to avoid non-compliance.

5. Kids, minors & COPPA

Working with child influencers or targeting children under 13 carries extra obligations. COPPA limits data collection, requires verifiable parental consent, and restricts marketing to children. 

Campaigns that involve kids (or collect data from audiences under 13 must follow these rules closely, or risk regulatory action and reputational damage.

This includes obtaining verifiable parental consent, clearly explaining how data will be used, avoiding targeting ads directly to children, and ensuring content is age-appropriate. Failure to comply can result in regulatory action and reputational damage.

Source: FTC

6. Privacy & data use

Influencer campaigns often touch personal data, such as pixels, lookalike audiences, or email capture. The CCPA, GDPR, and related laws mandate transparency in data collection and use. 

The translation? Marketing teams must ensure that data gathered via influencer campaigns complies with privacy laws, and that creators and agencies understand these obligations when tracking user behavior.

 7. Giveaways, contests, and promotions

Promotions must follow clear legal guidelines: eligibility criteria, official rules, no purchase necessary, and platform-specific rules. Missteps (for example:

• a post that uses copyrighted music or images without permission

• a post that makes misleading claims about a product) can create liability for brands, even if the influencer runs the giveaway.

• a giveaway that targets kids under 13 with age-inappropriate content

• a post that collects data from children without clear disclosure) can create liability for brands, even if the influencer runs the giveaway.”

A simple oversight (like not including required terms or violating Instagram/TikTok contest rules) can lead to takedowns or fines.

8. Product liability & risky categories

Influencer claims can create product liability exposure, particularly in categories like health, finance, beauty, or alcohol. 

Examples of missteps include: an influencer overstating a supplement’s effects, promoting a financial product without disclosing risks, or suggesting an alcohol product is safe for underage audiences. 

Guidance for brands: ensure all influencer messaging aligns precisely with product labeling, certifications, and substantiated claims. Review scripts and posts in advance, provide clear talking points, and require influencers to avoid unverified claims. A single overstated claim can trigger regulatory scrutiny or class-action lawsuits.

9. Intellectual property & content usage rights

When brands use influencer content, whether as UGC, whitelisted ads, or boosted posts, they must secure clear rights. 

Examples of missteps include: reposting an influencer’s photo that contains copyrighted music without permission, using an influencer’s content beyond the agreed timeframe, or editing posts in ways not authorized in the contract. 

Guidance for brands: clearly define licensing scope, duration, geographies, and editing permissions in contracts. Conduct rights checks before amplifying content to avoid copyright disputes or unlicensed use claims.

10. Cross-border campaigns & local laws

Running a global influencer campaign adds complexity: the same content may need different disclosures or wording in the US, UK, or EU. 

Examples of missteps include: failing to include country-specific disclosure hashtags (#ad vs #sponsored), using contests or sweepstakes formats that are illegal in certain countries, or applying US-only disclaimers to EU audiences. 

Guidance for brands: review local regulations before posting, adapt disclosures and messaging to each market, and maintain a compliance checklist per region. Ignoring these differences can lead to penalties, takedowns, or reputational damage.

Global campaigns require region-specific compliance checks baked into creative briefs and approval workflows.

Now, let’s dive into instagram influencer marketing regulations 👇

Instagram disclosure rules in practice

Instagram’s branded content policies vs FTC rules

Instagram requires that disclosures appear before anyone clicks “more” to expand the caption. Dropping a “Paid partnership with…” after a long list of hashtags is effectively invisible. While the platform’s “Paid Partnership” tag is a helpful visual cue, the FTC does not consider it sufficient on its own. 

The rule is simple: disclosures must be clear, conspicuous, and upfront.

On feed posts, your caption should start with something straightforward like “Ad” or “Paid partnership with [Brand]”. For Reels, disclose at the very beginning, either verbally or as on-screen text that is large, high-contrast, and readable. 

Avoid tiny, fast-fading text that disappears before viewers can process it.

Image sources.

(As you can see, the first screen contains both the paid partnership tag and the #ad hashtag, while the second one is missing the tag.)

Instagram Stories are particularly tricky because text overlays can vanish too quickly. Place the disclosure directly on the photo or video and ensure it remains on-screen long enough for viewers to read comfortably. Repetition helps for multi-slide Stories. Don’t assume one disclosure on the first slide covers the entire Story.

How to disclose on feed posts, Reels, and Stories (with scripts)

For maximum clarity and compliance, consider using templates in influencer briefs:

• Feed post: “Ad: Loving Brand X’s new moisturizer! #ad”

• Reel: Spoken: “This video is sponsored by Brand X” + on-screen overlay: “Paid partnership with Brand X”

• Story: On-screen text: “Ad: Sponsored by Brand X” positioned at the top or bottom, visible for at least 3–5 seconds per frame

These scripts help ensure disclosures are never buried or ambiguous, reducing both FTC risk and brand exposure.

Using the “Paid Partnership” tag – helpful but not enough

Instagram’s “Paid Partnership” tag signals that a post is sponsored, but it cannot replace explicit textual disclosures. The FTC requires audiences to instantly recognize paid content, regardless of the platform’s native features. 

Think of the tag as a supplement, not a substitute: text must still appear in captions, Reels screen, or Stories to ensure compliance.

Image source.

(On the upper screen, you can see the paid partnership tag aligned with the on-screen disclosure text and the #sponsoredevent hashtag.)

What to put into your IG influencer brief so disclosures don’t get “forgotten”

Compliance starts with the brief. Explicitly instruct creators on:

• Disclosure placement: first line of captions, opening of Reels, top of Stories

• Language: “Ad,” “Sponsored,” or “Paid partnership with [Brand]”

• Format: spoken, on-screen, large, high-contrast

• Repetition: Stories or multi-part content must repeat disclosures

Per Marketing dive study, only about 25% of Instagram influencers currently comply with FTC rules. This shows why brands cannot rely on influencers to self-regulate and must embed compliance in the workflow.

A robust brief ensures disclosures are never an afterthought, protects the brand legally, and maintains trust with audiences.

How to build a compliant influencer workflow (from brief to reporting)

During discovery & vetting

Before you even start thinking about FTC compliance, you need to target the right creators. 

• Geography is the first thing to check. If someone claims to be in Los Angeles but 60% of their followers are in Brazil or Indonesia, that’s a red flag. For region-specific campaigns, aim for at least 80–90% of followers in your target location.

• Engagement quality matters just as much as follower count. Watch for sudden spikes in followers, post likes that far exceed Story views, or comment sections full of generic emojis. A 5–7% engagement rate is solid and signals authentic interaction. 

• Reachability is also key. Accounts following more than 1,500 people often see lower organic reach. If a quarter of the audience isn’t seeing sponsored content, you’re essentially paying for impressions that won’t happen.

IQFluence’s audience reachability dashboard. Try it for free. 

Green flags? Look for steady follower growth, consistent posting (about 2–3 times per week), and natural comment threads like “I need to try this!” or “Where can I book this?” Relevant, diverse niche hashtags are another sign of genuine engagement. 

If more than 15–20% of followers appear inactive or bot-like, skip the influencer. Those numbers are inflated. Tools like IQFluence can help vet creators and analyze audiences quickly.

Audience vetting dashboard. Try it for free for 7-days.

In your briefs 

Start by planting a standard disclosure section in the middle of the brief, highlighting it, so it is impossible to miss. Include one line that never changes:

You must follow FTC guidelines for influencers and comply with our brand disclosure policy in every piece of content you create for this campaign.

Then give concrete examples right there in the template, not as a footnote, not buried in a Google Doc from 2021. Creators need to see how disclosure should look in their actual voice:

• Feed caption: “Paid partnership with @Brand — showing how I use their new [product] in my routine.”

• Video/Reel: Spoken: “This is a paid partnership with Brand.”

• Story overlay: “AD / Paid Partnership,” big and high-contrast.

• Hashtags: #ad #sponsored by @Brand at the start of the caption.

In your influencer marketing contracts

Your contract is your legal shield. Include clauses that cover:

FTC compliance:

“Creator agrees to comply with all applicable FTC guidelines for influencers, including clear and conspicuous disclosure of any material connection with Brand in every content format.”

Correcting non-compliant content:

“Creator agrees to edit, correct, or remove non-compliant content within 24 hours of Brand’s request.”

Withholding payment:

“Brand reserves the right to withhold payment, in whole or in part, for any content that fails to meet FTC compliance or disclosure requirements outlined in this Agreement.”

Audit & screenshot rights:

“Brand and Agency may capture, store, and audit screenshots, screen recordings, and analytics of all campaign content for compliance and reporting purposes.”

Approval flow:

“Content must be submitted for approval prior to posting. No content may be published until Brand provides written approval. Brand may also request post-publish corrections to maintain compliance.”

These are non-negotiable essentials if you don’t want an FTC letter landing in your inbox.

Approval flows – pre- and post-publish checks

Once briefs and contracts are in place, you need a review workflow that actually works. Assign one point person to review every post before it goes live. Their checklist should answer these questions:

Is the disclosure present? Is it early in the caption or spoken at the start of a video? Is it visible on Stories or video frames? Are product claims accurate? Does anything feel like an overpromise?

Live monitoring & evidence

Post-publish monitoring is just as critical as pre-approval checks. For disappearing content like Stories, Reels, and TikTok posts, someone needs to actively watch the content to make sure disclosures stay visible and nothing has been quietly edited after approval. Grab screenshots, track links, and log which posts included proper disclosures — this is your compliance archive and evidence in case of FTC scrutiny.

Platforms like IQFluence make this process much easier. Instead of manually checking individual posts, scrolling through feeds, or juggling multiple tabs to verify disclosures and performance, everything is pulled into a single dashboard. From there, you can:

• Centralize creator lists and campaign briefs, making it easy to review who is required to disclose and how.

• Monitor key performance metrics, such as CPM, CPV, CPC, CPR, CPA, likes, comments, shares, and views, while ensuring that required disclosures remain clearly visible and compliant.

This removes guesswork, reduces manual errors, and allows you to confirm both legal compliance and campaign performance in one place.

Campaign monitoring dashboard in IQFluence. Try it for free for 7-days

This approach keeps campaigns compliant, auditable, and efficient, letting your team focus on creative execution rather than chasing content manually.

What about force majors? 👇