In this article 14 sections
- What changed in October 2026
- Who's responsible? You, the brand and the agency
- What counts as payment?
- Which labels work (and which don't)
- Where the label goes
- How to label an ad on YouTube
- Affiliate links and YouTube Shopping tags
- Reviews: only say what you've really tried
- What happens if you don't label
- Your 5-point checklist
- Where to get help
- How Ritual helps
- Frequently asked questions
- Sources
Short answer: if a brand gave you anything for it, label it as an ad, put the label where people see it first, and don't rely on "Sponsored".
The ASA, CAP and the CMA published a new edition of their Influencers' guide to making clear that ads are ads in October 2026. The core message hasn't moved: it must be clear that ads are ads. What has changed is the law behind it, who can fine you, and a new section on fake reviews. Here's what it means if you make videos for a living.
What changed in October 2026
- A new legal basis. The guide now rests on the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act) and the CAP Code. It used to rest on the 2008 consumer protection regulations.
- The CMA can now fine directly. The guide says the CMA and Trading Standards can impose fines and require corrective measures. The CMA can do this itself; both can also go through the courts. The ASA's own sanctions are unchanged.
- Fake reviews get their own section. A review has to be based on your genuine experience. If it isn't, the guide says that's against the law and the CAP Code.
Some things stayed the same: what counts as "payment", the affiliate rules, and the expectation that you keep disclosing for 12 months after a relationship ends.
Who's responsible? You, the brand and the agency
Everyone in the chain. The guide says you, the brand and any agents involved in making or publishing the content are responsible for labelling it properly. The CMA also expects "robust compliance processes" to be in place.
So "the brand didn't ask me to label it" won't help you, and neither will "my manager handles that".
What counts as payment?
More than money. If you got any incentive from a brand, the content it relates to needs to be clear that it's advertising. The guide lists:
- being paid to post
- free products, services, trips, hotel stays, event invites, loans, leases or rentals, whether you asked for them or not
- an exclusive discount or a commission
- being a brand ambassador, shareholder or director
- collaborating on your own "edit" or "collection"
It doesn't matter if there was no obligation to post. A PR package that turns up unannounced still counts once you feature it.
It also covers your own stuff. Promoting your own merch, events, presets or a giveaway you're running needs labelling as an ad too. So does promoting a brand owned by your family or friends. Your viewers shouldn't have to check your bio to work out the connection.
Which labels work (and which don't)
The ASA and CMA want labels that "say it how it is". The guide recommends:
- #Ad
- #Advert
- #Advertising
- #Advertisement
- #AdvertisementFeature
You don't need the hashtag, as long as the label is prominent and separate from everything else. "AD" on screen works just as well as "#ad" in a caption.
The guide also lists labels it advises against, because people don't read them as "this is an ad":
- Sponsored, Spon, Sp (and Sponsorship). The ASA has previously ruled these aren't enough, because they don't make clear the advertiser had editorial control.
- Gift or Gifted
- Affiliate, Aff, Af, Afflink, Collab
- PR, PR trip, PR haul, PR stay
- "In partnership with", "Supported by", "Thanks to [brand] for making this possible"
- just tagging the brand
You can add detail after the label, such as "Ad: gifted by [brand]". The word "ad" just has to come first. The guide's bottom line is short: if in doubt, label it.
Where the label goes
Up front, before people see the rest of the content. The guide says the label should be clear, prominent, upfront and timely, suit the platform and format, and work on any device.
It's specific about what doesn't work:
- burying it in a pile of hashtags
- hiding it behind "more" or an expand button
- putting it where people have to scroll to find it
- disclosing part-way through a video
"Up front" means whatever people see first. That might be the title, the thumbnail, the start of the caption or the image itself.
How to label an ad on YouTube
YouTube has its own tool, and you need to use it. YouTube Help says that if your video has a paid product placement, sponsorship or endorsement, you have to tell YouTube by ticking the paid promotion box in your video details (YouTube Studio > Content > your video > More options).
When you tick it, YouTube shows viewers a disclosure message for the first 10 seconds of the video.
The box alone may not be enough. YouTube says you may have more obligations under the laws where you are. The ASA guide says platform tools "may be sufficient" if the label is upfront and prominent, and that you should add your own label if it isn't clear. So our practical advice:
- Tick the paid promotion box every time.
- Say it out loud at the start: "This video is an ad for [brand]", or "This section is an ad" if the deal covers one segment.
- Put "Ad" on screen at the same moment.
- If the whole video is the ad, think about putting "Ad" in the title or on the thumbnail, so it's clear before anyone clicks.
For sponsored segments in longer videos, the guide says you don't have to label a whole long-form piece when only part of it is advertising. You do have to label the ad section clearly, at the start of that section. A mid-roll read with no label, because "it said so in the description", is exactly what the guide says won't cut it.
Shorts follow the same rules. There's less time, so put the label on screen from the start of the ad content.
Affiliate links and YouTube Shopping tags
The guide treats affiliate marketing as advertising. If a link or discount code means you get paid for clicks or sales, the content it relates to is an ad.
- If the video is all about affiliate products, label the whole thing as an ad up front.
- If only some products earn you commission, make clear which parts are advertising, for example with an "Ad" label before each of them.
- Vague lines like "some links may earn me a commission" aren't enough, and neither are "aff" or "afflink".
YouTube Shopping tags work on commission: you can earn when a viewer buys a product you tagged. Our reading of the guide is that those tags count as affiliate marketing, so the same labelling applies. YouTube's own Shopping affiliate page also points creators to its branded content policies for anything that needs disclosure. If you're on the YouTube Shopping UK programme through us, following the UK disclosure rules (ASA and CMA) is part of the deal.
Reviews: only say what you've really tried
If your content is a review, it has to reflect your genuine experience.
The guide gives its own example. If a brand asks you to say its new drink is delicious and you haven't tried it, you mustn't claim you did.
It also says:
- don't skate over the negatives and only talk about the positives
- you can review something you didn't like, as long as you don't pretend you did
- don't leave out anything relevant, such as being paid, or getting a personalised version a normal customer wouldn't get
AI gets a mention too. AI-generated content has to follow the same rules, and some platforms may ask you to disclose that you used AI.
What happens if you don't label
The ASA can list you on its "non-compliant social media influencer" page for up to three months, and run its own targeted ads telling your followers you've repeatedly failed to label your ads. Brands can be listed too.
Platforms can remove content, switch off features or close accounts. Brands may stop working with you. And the CMA or Trading Standards can take formal action, including fines from the CMA under its direct enforcement powers.
Brands are responsible for your ads too, so a creator who labels properly is a safer partner to book.
Your 5-point checklist
- Did I get paid, gifted, discounted or earn commission, or is it my own brand or a friend's? Then it's an ad.
- Is the label "Ad" (or another recommended one), not "Sponsored", "Gifted" or "PR"?
- Can viewers see or hear it straight away, before the ad content starts?
- Have I said only what I really think, about something I've really tried?
- Am I still labelling content about this brand for 12 months after the deal ended?
Where to get help
The guide suggests a few extra steps:
- check your brand contracts for what they say about disclosure
- turn down brands that discourage you from labelling
- ask the CAP Copy Advice team to look at a draft before you post
- if a video mixes ads and your own picks, make clear which bits are which
How Ritual helps
On the influencer campaigns we run for brands (powered by Infinite Influence), we review briefs, scripts and drafts and check ad disclosure before anything goes live. Nothing goes live unseen.
For creators we manage, our talent management team reviews contracts and negotiates deals, and nothing is signed without your approval. That's a good moment to make sure the disclosure terms are right.
Want a team in your corner on brand deals? Apply to join Ritual or read about our talent management. Brands can plan a campaign with us.
Frequently asked questions
Is "Sponsored" enough to label an ad in the UK?
No. The guide advises against "Sponsored", "Spon" and "Sp", because the ASA has ruled they don't make clear the advertiser had editorial control. Use "Ad" or "Advert".
Do free gifts I didn't ask for count as an ad?
Yes, if you feature them. The guide says free products count as payment whether you asked for them or not, even with no obligation to post.
Is YouTube's paid promotion box enough on its own?
Tick it every time, but don't stop there. YouTube says local laws may need more, and the ASA guide expects a clear label up front. Say it at the start of the ad and show "Ad" on screen.
Do I have to use the # in #ad?
No. The guide says the hashtag isn't needed if the label is prominent and separate from other content.
How long do I need to keep labelling after a deal ends?
The guide expects you to keep disclosing in relevant content for 12 months after the relationship ends.
Do YouTube Shopping tags need an ad label?
Tags can earn you commission, and the guide treats commission links as affiliate marketing, which counts as advertising. Label the parts of the video that feature the tagged products.
Sources
Checked 27 October 2026.
- ASA, CAP and CMA, Influencers' guide to making clear that ads are ads (October 2026 edition, PDF): https://www.asa.org.uk/static/17cf70a4-f904-4684-a68c8310ba7700e1/Influencers-guide-to-making-clear-that-ads-are-ads.pdf. Supports: DMCC Act basis, CMA fines, shared responsibility, payment, labels, placement, long-form ad sections, affiliate rules, fake reviews, AI, sanctions, 12 months, extra steps.
- ASA resource page for the guide: https://www.asa.org.uk/resource/influencers-guide.html.
- YouTube Help, Add paid product placements, sponsorships and endorsements: https://support.google.com/youtube/answer/154235?hl=en-GB. Supports: paid promotion box, steps in Studio, 10-second disclosure message, local laws may require more.
- YouTube Help, The YouTube Shopping affiliate programme overview and eligibility: https://support.google.com/youtube/answer/13376398?hl=en-GB. Supports: commission on tagged products, pointer to branded content policies.
- Lewis Silkin, New influencer guidance from the ASA, CAP and CMA: what has changed and what to do now (23 October 2026): https://www.lewissilkin.com/insights/2026/10/23/new-influencer-guidance-from-the-asa-cap-and-cma-what-has-changed-and-what-to-d-102o6ar. Supports: what changed versus the previous edition (2008 regulations, ASA sanctions unchanged, fake reviews section) and what stayed the same.




