How ASA influencer disclosure rules work for UK creators on TikTok Shop

What to take away

Who the CAP Code covers when a creator posts on TikTok Shop

The CAP Code is the rulebook the Advertising Standards Authority applies to non-broadcast ads, and social media posts fall inside it. The Non-broadcast Code sets the labelling duty that UK creators, brands and agencies work to.

Coverage turns on control and payment, not on the size of the creator. If a brand pays, gifts, lends product, offers commission or approves the wording, the post is an ad. A creator with 900 followers on TikTok Shop is covered in exactly the same way as one with 900,000.

The brand and the creator can both be responsible. The ASA usually names the advertiser whose product is promoted, which is often the brand, but it can also rule against the creator or the agency that arranged the post.

TikTok Shop adds a wrinkle. The creator is selling through the platform, earning commission on sales, and appearing in a shop tab. That commercial context makes the advertising status clearer, not weaker, so the label matters more.

Instagram posts sit under the same rules. A Reel, a Story or a grid post promoting a product is a marketing communication whether the deal came through a brand, an affiliate network or a direct message.

There is no minimum follower threshold and no exemption for micro creators. The only real question is whether the post is designed to promote a product, and if it is, the label is required.

A social commerce disclosure policy should state this coverage test in one line, so creators know before they post whether a deal is caught. Our guide to a policy that classifies creator relationships sets out the categories to use.

Labelling duties from the ASA and the CMA side by side

Two regulators matter here, and they are looking at different things.

The ASA enforces the CAP Code, which requires marketing communications to be obviously identifiable as such. Its guidance on recognising ads on social media is the practical reference for creators and brands on TikTok Shop and Instagram.

The CMA enforces consumer protection law. Its guidance for content creators explains that hiding a commercial relationship can mislead buyers and breach the law, not just a code.

The two duties overlap, so a single fix usually satisfies both. A clear #ad placed before the pitch does the work for the ASA and the CMA at the same time.

Where they differ is remedy. The ASA publishes rulings and can refer a persistent offender to Trading Standards. The CMA can act on misleading practices under consumer law and, since the Digital Markets, Competition and Consumers Act 2024, has stronger direct enforcement powers.

The practical takeaway for a creator is simple. Label early, label plainly, and do not rely on the platform's own paid partnership toggle alone if the caption does not carry a clear label.

Where #ad must sit in a caption, video and pinned comment

Placement is where most UK creator posts fail. The label has to be seen before the viewer takes in the pitch, not after.

On Instagram, put #ad in the first two lines of the caption, above the fold, before the link or the discount code. Do not hide it in a block of thirty hashtags at the end.

On TikTok Shop, the caption label is not enough on its own. Add a visible on-screen label in the first few seconds, and repeat it in the pinned comment if the video runs long or the pitch comes late.

Use plain wording. #ad, Ad, Advertising or Paid partnership with [brand] all work. Vague tags such as #sp, #collab or #aff do not tell a viewer what the relationship is.

If a video is a live selling stream, state the commercial relationship at the start and repeat it periodically. Viewers join mid-stream and need the label when they arrive.

For a Story, keep the label on the same frame as the product mention. A label on a previous frame that has already expired does not count.

A pre-launch check of the label position, before the post goes live, catches most problems. Our pre-launch checklist for posts covers the label, the claim and the link in one pass.

A short placement routine

Affiliate links, commission and recognition of marketing communications

Affiliate commission is payment. A creator who earns a percentage of sales through a tracked link is being paid to promote, so the post is an ad.

The ASA's guidance on online affiliate marketing confirms that affiliate content needs to be identifiable as advertising, even where the creator has no contract with the brand.

This catches a lot of UK creators who assume affiliate posts are different. They are not. The commission is the consideration, and the label is the duty.

The label must be clear before the link. A viewer should know the creator earns from the link before deciding whether to tap it.

Some creators add a short line such as "I earn a small commission if you buy through this link" alongside #ad. That is good practice and it helps on platforms where the label alone is subtle.

Recognising a marketing communication is the test the ASA applies. If a reasonable viewer would not realise the post is commercial, the label has failed, however many hashtags sit underneath.

Commission deals also raise tax and record-keeping duties. HM Revenue & Customs expects trading income to be declared, and VAT registration can apply once turnover passes the threshold.

Agencies should map every commission arrangement to a disclosure rule. Our 2027 guide to creator accountability sets out how the duties are tightening across consumer law and advertising.

Worked examples of compliant and non-compliant creator posts

Example 1: TikTok Shop video, compliant

A creator films a skincare routine and sells the serum through TikTok Shop, earning commission. The caption opens: "#ad Serum I use daily, link in shop." An on-screen #ad shows for the first three seconds. The pinned comment repeats "#ad, I earn commission on shop sales."

This meets the CAP Code labelling duty and the CMA duty not to mislead.

Example 2: TikTok Shop video, non-compliant

Same product, same commission. The caption reads: "Best serum ever, shop it now" with #skincare #tiktokmademebuyit at the end. No on-screen label appears. A viewer would not know the creator earns from sales, so both regulators could act.

Example 3: Instagram Reel, compliant

A gifted hotel stay is posted as a Reel. The caption begins: "Ad, gifted stay at [hotel]." The label sits above the location tag and the booking link. The brand approved the wording, so the post is an ad and the label is clear.

Example 4: Instagram Story, non-compliant

A creator tags a fashion brand in a Story and adds #collab on a later frame, after the product has already been shown. The label arrives too late and uses vague wording, so the disclosure fails.

Example 5: Affiliate post, compliant

A tech creator posts a review with an affiliate link. The caption opens: "#ad I earn commission if you buy through my link." The label and the explanation sit before the link, so the commercial nature is clear.

Example 6: Discount code, non-compliant

A creator shares a discount code from a brand with no label at all. The code is tracked, the creator earns on each use, and the post reads as personal advice. This is the classic undisclosed endorsement case.

Sanctions, the non-compliant online advertisers list and Trading Standards referrals

The ASA cannot fine an advertiser directly, but its sanctions bite. The sanctions page sets out the tools available, from published rulings to listing and referral.

A published ruling names the advertiser and the post. That ruling is public, searchable and permanent, and it is often the first thing a brand's legal team sees.

The non-compliant online advertisers list is the next step. Advertisers who repeatedly break the rules can be named on the list, and paid search ads pointing to their sites can be removed.

Persistent offenders can be referred to Trading Standards, which enforces consumer law at local authority level across England, Wales and Scotland. That moves the matter from a code breach to a possible legal one.

The CMA can act separately under consumer law. Misleading endorsements can lead to enforcement action, and the Digital Markets, Competition and Consumers Act 2024 strengthened the CMA's ability to act directly without going to court first.

For creators, the practical risk is reputational and commercial. Brands drop creators who attract rulings, and platforms can restrict shop features on accounts that breach advertising rules.

Agencies should treat a ruling as a contract event. Our note on moving subcontractors to a proven exit explains how to build that into supplier terms.

A disclosure policy for agencies briefing UK creators

A written policy turns a vague instruction into a repeatable process. It should fit on two pages and be signed off before any creator is briefed.

What the policy must contain

How to brief a creator in five steps

The policy should also cover adjacent duties. The Information Commissioner's Office rules on direct marketing and UK GDPR apply when creators collect or use audience data, and Companies House records help verify who the brand actually is.

Consumer law sits alongside the advertising rules. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 govern distance selling, which matters when a TikTok Shop link leads to a checkout.

Platform duties under the Online Safety Act 2023 also shape how user-to-user services handle commercial content, and Ofcom oversees those duties.

Keep the policy current. Rules and platform features change, and a policy written for a 2024 TikTok Shop looks dated against 2027 expectations. Our roundup of creator disclosure signals shows where the pressure is heading.

Common questions