Does an influencer post need to say #ad?
Yes, if the creator has been paid or otherwise rewarded and the brand has some control over the content. The label should be clear and upfront.
Be Wise › Be Contract Wise guides › Influencer / creator agreement
Influencer / creator agreement (England and Wales)
An influencer or creator agreement sets the terms on which a brand pays a social media creator for sponsored content: the posts and platforms, approval, fee, how long and where the brand may reuse the content, exclusivity, and the creator's duty to label the content clearly as advertising.
When you need one
Use one for any paid or gifted collaboration where a creator promotes a brand's products or services — from a single post to a long-term ambassador deal.
What it should contain
Deliverables
Posts, platforms, formats and dates.
Approval
Brand review before posting, with a quick turnaround.
Ad disclosure
Clear labelling such as #ad.
Fee
Amount, instalments and expenses.
Usage rights
How and for how long the brand may reuse the content.
Exclusivity and conduct
Competitor restrictions and a morals clause.
Points specific to England and Wales
- The UK Code of Non-broadcast Advertising (the CAP Code) requires marketing to be obviously identifiable, and the Advertising Standards Authority and the Competition and Markets Authority expect clear labels such as #ad on paid content. Both the brand and the creator can be held responsible.
Different rules can apply elsewhere in the UK: see the Scotland version of this guide.
Common mistakes
- No agreement on how long the brand can reuse the content in paid ads.
- Paid content not clearly labelled as advertising.
- Wide exclusivity without extra payment.
See a specimen influencer — a short illustration of the structure and key clauses, laid out as the app produces them.
Quick answers
Who owns the content in an influencer campaign?
Usually the creator, who grants the brand a licence to use it. The agreement should set the scope and length of that licence.
Draft your influencer now
Be Contract Wise's powerful, carefully prepared drafting tools turn a short set of plain-English questions into a influencer under the law of England and Wales, 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 the law of England and Wales, not legal advice.