Sponsored content guidelines: what UK publishers and brands must disclose in 2026

Publishing

TL;DR

UK publishers and social media creators must clearly label sponsored content so readers and viewers can identify it as paid advertising. The ASA's CAP Code requires that advertising is obviously distinguishable from editorial content. Financial promotions published by unregulated parties that promote FCA-regulated products must either be approved by an authorised firm or fall within a specific exemption. Failure to disclose correctly can result in ASA rulings, CMA enforcement or, for financial products, FCA action.

Sponsored content - paid editorial, advertorials, branded content, influencer posts and native advertising - is subject to a layered set of UK rules that apply simultaneously regardless of platform. The Advertising Standards Authority (ASA) enforces the CAP Code for online and non-broadcast advertising. The Competition and Markets Authority (CMA) applies consumer protection law to misleading commercial practices. The Financial Conduct Authority (FCA) imposes separate requirements on financial promotions. Understanding which rules apply to your specific content type and commercial arrangement is essential before publishing any paid or incentivised content.

The rules apply to publishers, brands commissioning content, and individuals including social media influencers. The duty of disclosure falls on all parties in the chain. This guide covers the main regulatory frameworks, how to label content correctly, what counts as a financial promotion, and the consequences of non-compliance in 2026.

Key facts (2026)

The CAP Code Rule 2.1 requires that marketing communications are obviously identifiable as such; the ASA treats inadequate labelling as a breach regardless of how the commercial arrangement is described (ASA CAP Code, Section 2).
The CMA published updated guidance on social media endorsements and online reviews in 2023, reinforcing that failing to disclose a commercial relationship is an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008.
A financial promotion communicated by an unregulated person must be approved by an FCA-authorised person before publication, with limited exemptions (Financial Services and Markets Act 2000, Section 21; updated by the Financial Services and Markets Act 2023).
The FCA's Consumer Duty (in force July 2023) applies to regulated firms that commission or approve financial promotions; it requires that promotions are fair, clear and not misleading and support good consumer outcomes.
The ASA has the power to require removal of non-compliant ads from digital platforms and to refer persistent offenders to Trading Standards for statutory enforcement under the Consumer Protection from Unfair Trading Regulations 2008.

The CAP Code and ASA disclosure requirements

The CAP Code - administered by the Advertising Standards Authority - requires that all marketing communications be obviously identifiable as advertising before readers engage with the content. This means the disclosure must appear at or near the beginning of the content, not at the end, and must use clear language. The ASA accepts labels such as "Ad", "Advertising", "Sponsored" and "Branded content" but does not consider "in association with", "supported by" or similar softer phrases sufficient unless accompanied by a clearer descriptor. The label must be visible on the platform where the content appears - a disclosure buried in a video description or in a bio does not satisfy the requirement for content where the commercial nature is not otherwise obvious from the content itself. The Code applies to all online advertising including website editorial, social media posts, email newsletters and podcast episodes.

CMA consumer protection rules on endorsements

The Competition and Markets Authority enforces the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), which prohibit misleading commercial practices. Under the CMA's interpretation, failing to disclose a material commercial relationship - including payment in cash, free products, gifted services, affiliate commission or any other benefit - when publishing content that influences consumer purchasing decisions is a misleading omission and therefore an unfair commercial practice. The CMA's 2023 guidance on endorsements covers both brands commissioning content and the individuals or publishers creating it. The duty applies regardless of follower count; even a micro-influencer with 1,000 followers must disclose commercial arrangements. The CMA has conducted enforcement investigations resulting in formal undertakings from major platforms and high-profile creators.

Financial promotions: the FCA approval requirement

A financial promotion is any communication that invites or induces a person to engage in investment activity or to take out a regulated financial product, including mortgages, insurance, credit, investments and pensions. Under Section 21 of the Financial Services and Markets Act 2000 (FSMA), financial promotions can only be communicated by, or with the approval of, an FCA-authorised person. An unregulated publisher that creates content discussing or recommending regulated financial products - such as comparing mortgage deals, reviewing investment platforms or endorsing insurance products - must have that content approved by an FCA-authorised firm before publication if it constitutes a financial promotion. The Financial Services and Markets Act 2023 introduced new criminal penalties for non-compliant financial promotions, including imprisonment for individuals. Publishers in the personal finance space should obtain formal advice on whether their content constitutes a financial promotion and, if so, ensure an authorised approver reviews it before publication.

Distinguishing editorial content from sponsored content in practice

The ASA draws a clear line between genuinely independent editorial content - where the publisher makes all editorial decisions without commercial influence from the subject - and sponsored content where the brand has paid for, influenced or had approval rights over the content. If a brand has paid for content, provided a brief, had approval over the copy, or restricted what the publisher can say, it is advertising and must be labelled accordingly regardless of how it is formatted. The presentation of sponsored content in the same visual style as editorial content - same fonts, same layout, same byline format - without a prominent disclosure label is a specific area of ASA enforcement focus. Publishers should use a distinct visual treatment for sponsored content wherever possible, in addition to the textual disclosure.

Affiliate links and commission disclosure

Affiliate commission - where a publisher earns a fee when a reader clicks a link and completes a purchase or sign-up - is a commercial arrangement that must be disclosed under both the CAP Code and the CPRs. A generic disclosure at the top or bottom of a page that the site contains affiliate links is considered best practice and is generally sufficient under the ASA's current approach, provided the disclosure is prominent, clearly written and consistently applied. Individual link-level disclosure (e.g. an "(Ad)" label next to each affiliate link) provides additional clarity but is not yet mandated in all cases. For financial products, where the affiliate arrangement also constitutes a financial promotion, both the commission disclosure and the financial promotion approval requirements apply simultaneously.

Consequences of non-compliance

For general advertising disclosure failures, the ASA's primary sanctions are public rulings requiring content removal and generating reputational consequences. For repeat offenders, the ASA can refer cases to Trading Standards for civil enforcement action under the CPRs. The CMA can pursue enforcement action resulting in formal undertakings, financial penalties and, for serious cases, court injunctions. For financial promotions, the FCA can issue public warnings, impose fines, require withdrawal of promotions and, under the FSMA 2023 amendments, pursue criminal prosecution. The risk profile of non-disclosure in the personal finance publishing space is materially higher than in general lifestyle or retail content precisely because financial promotions carry specific criminal law consequences beyond the civil advertising codes.

Related guides

Frequently asked questions

Does a disclosure at the bottom of the page satisfy ASA requirements?

Not on its own. The CAP Code requires that the advertising nature of content is obvious before consumers engage with it. A disclosure at the bottom of the page is not visible to someone who sees the headline in a search result or social media preview. The disclosure must be prominent at the point where the commercial nature of the content might not otherwise be apparent - typically at or near the headline and opening of the content. Bottom-page disclosures can supplement but should not replace upfront labelling.

Is gifted product disclosure required even if no money changed hands?

Yes. The CPRs and the CAP Code both treat gifted products, services, free stays and any other non-cash benefits as material commercial relationships requiring disclosure. The monetary value of the benefit does not affect the disclosure obligation. Even a free sample product sent without any obligation to post must be disclosed if content about it is published, because the commercial relationship exists regardless of the terms attached to it.

Can a publisher self-approve a financial promotion?

No, unless the publisher itself is FCA-authorised. An unregulated publisher must have financial promotions approved by an FCA-authorised firm that holds the appropriate permissions for the product type being promoted. The approving firm must review the content for accuracy, clarity and compliance with FCA rules before the promotion is published. The FSMA 2023 introduced new requirements for approving firms, including a specific approval permission that must be held separately from the firm's normal permissions from February 2024.

What label should I use on sponsored content?

The ASA considers "Ad", "Advertising", "Sponsored" and "Paid partnership" acceptable labels when they appear prominently and are clearly visible before engagement. Platform-native tools such as Instagram's "Paid partnership" label and YouTube's "includes paid promotion" overlay satisfy the requirement for those platforms specifically. The label should be in a font and colour that is clearly legible and not visually subordinated to surrounding editorial content. Avoid softer phrases such as "supported by" or "in collaboration with" unless a clear "Ad" or "Sponsored" label also appears.

Does Consumer Duty apply to sponsored content on personal finance websites?

Consumer Duty applies to FCA-regulated firms that commission, approve or distribute financial promotions. If a personal finance website's sponsored content is approved by a regulated firm and constitutes a financial promotion, the approving firm's Consumer Duty obligations extend to the promotion - including requirements that it be fair, clear and not misleading, and that it supports rather than undermines consumer decision-making. Publishers that are not themselves regulated are not directly subject to Consumer Duty but should be aware that their regulated partners will apply these standards when reviewing content for approval.

How we verified this guide

CAP Code provisions were verified against the ASA's published Code and accompanying guidance updated through 2025. CMA endorsement guidance was sourced from the CMA's 2023 publication. Financial promotion requirements were cross-referenced with FSMA 2000 Section 21 and the FSMA 2023 amending provisions. Consumer Duty application was confirmed against the FCA's final Consumer Duty rules (PS22/9). This guide was compiled in May 2026.

Disclaimer: This guide is information only, not financial, legal or tax advice. Rules change. Always check the primary sources cited and consult a qualified legal or regulatory adviser for decisions about your own publishing or compliance arrangements.

Primary sources

Last reviewed: May 2026.