The following TMT practice note produced in partnership with Caroline Swain of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:
This Practice Note is aimed primarily at brands wishing to engage with influencers (or other talent) for particular social marketing campaigns and advertising promotions in the UK. It covers:
What constitutes an influencer in the UK
Types of breaches and sanctions
Regulation and oversight of endorsement activities
Ownership rights to sponsored content
Steps brands can take to protect their reputation
Key provisions in UK influencer agreements
In the UK:
content is considered an influencer ‘endorsement’ or advertising where an influencer works with a brand to create content that they will post on their own channel and:
the influencer has received ‘payment’ by a brand in relation to that content, and
the brand has some form of ‘control’ over that content
Both ‘payment’ and ‘control’ must be present for the content to constitute an advertisement and therefore be regulated by the Advertising Standards Authority (ASA), however, consumer protection legislation will apply if there has been ‘payment’ but there is no ‘control’—this is enforced by the Competition and Markets Authority (CMA)
‘payment’ is defined widely and includes monetary compensation, gifts, experiences, events and the promise of future payment (of any kind). Payment can also be indirect, if the influencer has a commercial relationship with the brand for which they are paid, content that they produce in relation to
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers'
0330 161 1234