Does an influencer post need to say #ad in Scotland?
Yes, where the creator has received payment or another reward and the brand has a degree of control over the content. The disclosure should be obvious and immediately visible.
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Influencer / creator agreement (Scotland)
An influencer or creator agreement records the terms under which a brand pays a creator on social media to produce sponsored content. It covers which posts and platforms are involved, approval, the fee, where and for how long the brand can reuse the material, exclusivity, and the creator's obligation to make it obvious that the content is advertising.
When you need one
Have one in place for every collaboration, paid or gifted, in which a creator promotes the products or services of a brand, whether it involves one post or a long-term ambassador arrangement.
What it should contain
Deliverables
Posts, platforms, formats and dates.
Approval
Prompt brand sign-off before anything is posted.
Ad disclosure
Clear labelling such as #ad.
Fee
Amount, instalments and expenses.
Usage rights
The ways the brand can reuse the content, and for what period.
Exclusivity and conduct
A morals clause and limits on working with competitors.
Points specific to Scotland
- The same advertising rules, enforced by the Advertising Standards Authority and the Competition and Markets Authority, apply across the UK, including Scotland.
Different rules can apply elsewhere in the UK: see the England and Wales version of this guide.
Common mistakes
- Failing to agree how long the content can appear in the brand's paid ads.
- Paid-for content without a clear advertising label.
- Wide exclusivity without extra payment.
View a specimen influencer agreement: a brief example showing the structure and main clauses, set out in the way the app generates them.
Quick answers
Who owns the content in an influencer campaign in Scotland?
In most cases the creator owns it and licenses the brand to use it. The contract ought to define how wide that licence is and how long it lasts.
Draft your influencer now
Be Contract Wise (Scotland)'s powerful, carefully prepared drafting tools turn a short set of plain-English questions into a influencer under Scots law, laid out to a professional standard, with an explanation of every clause. Simple or complex, export to Word or PDF.
Start drafting — freeBrowse all guidesReviewed 2026-09-24. General legal information about Scots law, not legal advice.