Compliance

Compliance in affiliate marketing means promoting a brand within the law, the advertising codes and the advertiser's own programme terms. In the UK that covers ad labelling under the CAP Code, consumer protection law enforced by the CMA, and data rules such as UK GDPR and PECR. When an affiliate ad breaks the rules, the advertiser and the publisher are both responsible.

How compliance works in affiliate marketing

Affiliate compliance rests on three layers: advertising rules, consumer law and the advertiser's programme terms.

Advertising rules come first. ASA guidance on affiliate marketing says affiliate content is covered by the CAP Code in full. Rule 2.1 requires marketing to be obviously identifiable as such, so a label such as "Ad" should appear upfront. The ASA has found the word "affiliate" on its own insufficient, and a disclaimer at the foot of a post is unlikely to be enough.

Voucher and deal sites face the same test. If every offer on a site is affiliate-linked, the site must make that clear and must not imply it is independent. An explanation tucked away on an About, FAQ or terms page does not meet the requirement on its own.

Consumer law now has sharper teeth. Since April 2025, the Digital Markets, Competition and Consumers Act 2024 has let the CMA decide breaches itself and fine businesses up to 10% of global turnover. The Act bans fake reviews, paid-for reviews not clearly marked as incentivised, and paid editorial content that is not made clear. Separately, PECR requires consent for cookies that are not strictly necessary for the service a user asked for.

Programme terms add the commercial rules. The advertiser's affiliate agreement typically bans brand bidding, meaning bidding on the brand's name in paid search, and lists prohibited traffic sources. It also restricts publishers to voucher codes issued to the affiliate channel. Breaches are a common reason for declined commission, and repeat offenders can be removed or added to a blacklist.

Example of a compliance check

Imagine an advertiser reviews its 20 most active publishers before a big sale event. It finds three content sites with disclosure only in the footer and one voucher site listing a code meant for the brand's email list. A fifth publisher is bidding on the brand name in paid search. The content sites move an "Ad" label above their links, the voucher site removes the code, and the search publisher adds the brand as a negative keyword.

That check has a direct commercial effect. If the voucher site had already driven £10,000 of sales through that code at 5% commission, the advertiser could decline the full £500 under its terms. Catching the issue before the event protects both sides from that dispute.

Why compliance matters

For advertisers, the ASA is clear that relying on affiliates does not hand over responsibility, so a publisher's unlabelled post is your problem too. ASA rulings are published and name the advertiser, and CMA enforcement now comes with direct fines. Clear terms, a written disclosure standard and regular checks cost far less than either.

For publishers, compliance protects both commission and reputation. Sales declined for brand bidding or code misuse are lost income. A site found to imply false independence risks its relationship with every brand it promotes, not just one.

Your publisher brief is the natural place to set these rules out for partners. Our guide on how to write a publisher brief that gets results covers what else it should include.