Affiliate Disclosure & Compliance: FTC, UK and EU Rules Every Publisher Should Know

Disclosure is not a legal box to tick at the bottom of the page — it is part of the trust your audience gives you. Regulators in the US, UK and EU have all tightened their focus on hidden advertising and fake reviews in recent years. This guide summarises the main rules in plain English and shows how to comply without hurting conversions.

Why disclosure matters

Consumers give more weight to independent opinions than to advertising. When a recommendation is paid for, even via a commission, readers are entitled to know so they can judge it. Hidden affiliate relationships are treated as misleading advertising in most major markets. Beyond the law, readers who discover undisclosed links rarely come back.

United States: the FTC

The Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255), revised in 2023, are the main reference. The core principle: if there is a material connection between an endorser and a brand that the audience would not expect, it must be disclosed clearly and conspicuously. An affiliate commission is a material connection.

The FTC's guidance for influencers and its FAQs make several practical points:

• Place the disclosure where people will see it without having to look for it, near the recommendation, not only in a footer or "About" page.
• Use simple language. "Affiliate link" alone may not be understood by everyone; "I get commissions for purchases made through links in this post" is clearer.
• On video, say it out loud as well as showing it on screen. On social posts, put it above the "more" cut-off.

In 2024 the FTC also finalised a Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465), which prohibits fake reviews, buying positive or negative reviews, undisclosed insider reviews and review suppression, and allows civil penalties for knowing violations. Affiliates who publish or solicit reviews should take it seriously.

United Kingdom: ASA, CAP Code and CMA

In the UK, the Advertising Standards Authority enforces the CAP Code, whose rule 2.1 requires marketing communications to be obviously identifiable as such. The ASA treats affiliate content as advertising where the publisher is paid for the link, and its guidance for influencers recommends clear labels such as "Ad" or "#ad" placed upfront.

The Competition and Markets Authority enforces consumer protection law. The Digital Markets, Competition and Consumers Act 2024 strengthened that regime, with consumer enforcement powers and a list of banned practices, including commissioning or publishing fake reviews, coming into force in April 2025. The CMA can now impose significant fines directly.

European Union

The Unfair Commercial Practices Directive, as amended by the Omnibus Directive (applicable since May 2022), prohibits hidden advertising and requires traders who publish consumer reviews to say whether and how they check that reviews come from genuine customers. Individual member states enforce these rules and many have their own influencer guidance; France, for example, passed a specific influencer law in 2023. If your audience is in the EU, label commercial content clearly and avoid any suggestion that paid placements are neutral rankings.

Where and how to disclose

Wording that works

"Affpinions is reader-supported. If you buy through links on this page we may earn a commission, at no extra cost to you. It never affects which programs we list."

Avoid vague phrases such as "partner content" on their own, and do not hide disclosures in grey text, tooltips or collapsed sections.

Reviews, rankings and "best of" lists

• Explain your methodology. If rankings are influenced by commercial relationships, say so.
• Do not claim hands-on testing you have not done.
• Never invent testimonials, star ratings or user reviews, and do not incentivise reviews without disclosure.
• Keep information current: outdated prices or features can be misleading.

Our own approach is described in the Affpinions editorial policy.

Network and advertiser rules

Many affiliate programs add their own requirements on top of the law: specific disclosure wording (Amazon Associates requires a particular statement), bans on using the brand name in paid search, restrictions on claims about health or financial products, and approval of email creatives. Breaking program rules is one of the most common reasons for reversed commissions and closed accounts, so read the terms of every program you join.

Regulated verticals need extra care

Finance, health, gambling and crypto carry extra rules. In the UK, promoting many financial products is a regulated activity and financial promotions must be approved by an authorised firm. Gambling advertising is subject to specific CAP and BCAP rules and to age restrictions. Health claims must be substantiated. If you work in these markets, take specialist advice.

Privacy obligations for publishers

If your site uses analytics, retargeting pixels or email capture, privacy law applies to you too: a lawful basis for processing, a clear privacy notice and consent for non-essential cookies in the UK and EU. Keep a record of what tools you use and why. Our tracking guide explains how affiliate tracking interacts with consent.

A compliance checklist

1. Disclosure appears before the first affiliate link on each page.
2. Plain-language wording that mentions commission.
3. Full disclosure page linked in the footer.
4. Video, social, podcast and email disclosures in place.
5. No fake, bought or suppressed reviews; methodology explained.
6. Program-specific rules recorded and followed.
7. Extra checks for finance, health, gambling and crypto content.
8. Privacy notice and cookie consent covering your own tools.

Frequently asked questions