Do UK ad rules apply to a founder's or an influencer's own posts?

Last updated: 3 November 2026

Short answer. Often, yes. The CAP Code covers a brand's own website and social accounts when the content is directly connected to what it sells, and the ASA has ruled that an employee's posts about the brand's products were the brand's marketing. A creator's post is an ad under the CAP Code when the brand paid in some way and had some control over it; under consumer law, any payment, free product or connection to the brand must be disclosed, even without control. When the brand is outside the UK, it depends on whether the post is paid for and who it targets.

Paste the line you're unsure about Check it free Check the whole ad, no account

The brand's own website and accounts

Covered when it is directly connected to selling. The CAP Code covers marketing "by or from companies, organisations or sole traders on their own websites, or in other non-paid-for space online under their control, that are directly connected with the supply or transfer of goods" (scope of the Code, I(h)).
Most product posts count. The ASA says "any content that bears a relationship to the products or services they offer has the potential to be considered directly connected", and that "efficacy claims for a product or service are very likely to be considered 'directly connected'".
What is outside the Code. Editorial content, news and public relations material on a website are not covered (scope of the Code, II).
Labelling. The ASA says posts on a brand's own account that show its username are generally obviously identifiable as advertising, so an "Ad" label is unlikely to be needed there.

Once a post is a marketing communication, the CAP Code applies to it as to any ad, including the rules on health and nutrition claims in section 15.

A founder's or employee's own posts

A connection to the brand is enough. The ASA's advice: when a person is "personally or commercially connected to the brand (e.g., 'paid' by, owner, employee, shareholder, director or have any other commercial or personal interest), any content featuring or referring to the brand will need to be obviously identifiable as advertising". It adds that this is a requirement under consumer protection law, enforced by the Competition and Markets Authority (CMA) and Trading Standards.
The ASA has ruled on it. In a ruling of 22 May 2024, the ASA found that posts an employee made about the brand's products "constituted marketing communications in non-paid-for space, under the control of" the brand, "meaning both parties were responsible for ensuring the posts complied with the CAP Code".
A note in the bio is not enough. In the same ruling: "information in an individual's social media bio did not amount to sufficient disclosure for individual ads."
Unclear. The ASA's pages do not say where the line falls for an ordinary member of staff who posts about the products without being asked.

Creators and influencers, paid or gifted

When it is an ad under the CAP Code. The ASA can act when the brand "'paid' you in some way (doesn't have to be money), AND" "had some form of editorial 'control' over the content, including final approval". The post must then be obviously identifiable as an ad (CAP Code rule 2.1).
Consumer law goes further. The influencers' guide from CAP, the ASA and the CMA: "If you've received payment or any other incentive, or you are otherwise personally or commercially connected to the brand, any related content will need to make clear that it's advertising. This includes money, free products, or being an owner, employee, or friend of the brand. You must disclose even if the brand doesn't oversee your content."
Gifts count. "It doesn't matter if there was no obligation to post about free items / services received, it still counts as 'payment' and needs to be disclosed."
The brand is responsible too. "Everyone in the chain (including brands, marketers and influencers) is responsible for following the law." The CMA has separate guidance for content creators and for brands.

When the brand or the person is outside the UK

Paid ads aimed at the UK are covered. The CAP Code covers "paid-for marketing communications from or by marketers targeting people in the UK" (scope of the Code, II(c)).
Unpaid posts depend on where the brand is registered. The ASA: "the deciding factor is whether the brand has a registered company address in the UK." A post the brand pays to boost or promote no longer counts as non-paid-for. The Code also covers marketing on websites with a ".uk" domain.
A brand outside the UK, posting for UK consumers. For non-paid-for marketing outside the Code's remit that targets UK consumers, "the ASA will refer complaints about them to the relevant authority in the country in which the marketer is registered if that authority operates a suitable cross-border complaint system. If a suitable cross-border complaint system is not operated, the ASA will take what action it can."
Consumer law looks at the audience. The Digital Markets, Competition and Consumers Act 2024 covers commercial practices carried on by a trader that are "directed to consumers in the United Kingdom", and "it is immaterial … whether the activities are carried on in the United Kingdom or elsewhere" (section 149). The CMA's guidance on unfair commercial practices says an invitation to purchase directed at UK consumers must comply "even if the trader making the invitation to purchase is located outside the UK".
Unclear. The sources do not say whether a creator based in the UK who promotes a brand from outside the UK brings that brand's own posts within the ASA's remit.

This guide is not legal advice. To see how a post of your own reads against these rules, try a free preview.

Sources

Sources checked 3 November 2026.

Not legal advice. Last updated: 3 November 2026.