Brand contracts and influencer ad disclosure – a guide for creators

01Why influencer ad disclosure is essential today

Labelling your ads isn't a formality you tick off at the end. It's part of the trust your whole community is built on. Your followers want to know when you're recommending something on your own initiative and when it's part of a brand collaboration. If they only find out after the fact, they may feel deceived – even if you genuinely love the product.

The President of UOKiK, Poland's Office of Competition and Consumer Protection, has published guidelines on how influencers should label advertising content, and the office has been scrutinising the industry ever more closely for several years. Hidden advertising may be deemed a practice that misleads consumers, and the consequences can affect both the brand and the creator. That's why it's best to have clear rules in place from your very first collaboration, not only once a problem arises.

An important caveat: this article is general and educational in nature. It isn't legal advice. For a specific contract, especially a longer or higher-value one, it's worth consulting a lawyer.

02What a brand contract should include

Even the friendliest DM conversation is no substitute for written terms. A contract protects both sides, because each knows what to expect. It doesn't need to be long or written in complicated language, but it should answer a few key questions.

Before signing, read the whole thing calmly – ideally the next day, not in a rush between shots. If there's something you don't understand, ask. A reputable brand will happily explain the terms, and it's better to catch any ambiguities at the start. You have the right to negotiate – the fee as well as the deadlines and the scope of the licence.

• The parties and contact people – who is responsible for approving content and for communication.
• Scope of work – the number and format of posts (post, Reel, Story, LIVE), platforms and deadlines.
• Payment – the amount, payment method and due date or, for a gifted collaboration, the value and description of the products.
• Approval process – how many rounds of revisions the price includes and how quickly the brand sends feedback.
• Content rights – whether the brand can use the material on its own channels or in paid ads, for how long and in which fields of use.
• Exclusivity – whether you're barred from working with competitors for a set period, and whether that's reflected in your fee.
• How the ad will be labelled – clearly specified and in line with UOKiK guidelines.
• Termination terms and what happens if either side is late.

03Rights to your content and image – watch out for this

Most misunderstandings arise around what happens to the content after it's published. A brand may want to use your Reel as a paid ad, on its website or in its shop. That's fine, as long as it has been clearly agreed and included in the price. A one-year licence for organic channels is quite different from a perpetual right to every form of advertising.

Think about your image, too. As a rule, distributing a person's image requires their consent, under Article 81 of the Polish Act on Copyright and Related Rights. So it's worth specifying in the contract to what extent and for how long the brand can use material featuring your face. If other people appear in the video – a friend or a model, for example – they should give their consent as well.

When producing in a studio, there's also the question of rights to the photos and the edit. It helps when everyone knows who owns the source files and who receives the finished material for publication.

04How to label advertising content under UOKiK guidelines

The main principle is simple: a follower should understand straight away, without clicking or scrolling, that they're looking at an advert. The label must be visible, legible and understandable to a Polish audience. The guidelines indicate that the information should appear at the start of the caption or directly on the content itself, not buried in a thicket of hashtags at the very end.

General tips worth following day to day:

• Use unambiguous words such as "reklama" (advert), "materiał reklamowy" (advertising material) or "współpraca reklamowa z marką…" (paid partnership with…).
• Avoid vague abbreviations and English phrases that not everyone in a Polish audience will understand.
• In Stories and Reels, place the label on the content itself so it's visible throughout or from the very first seconds.
• Use the platforms' paid partnership tools, but treat them as an extra, not your only label.
• Also label gifted products, PR packages and affiliate links if you receive a benefit from them.
• During a LIVE, mention the collaboration at the start of the stream and remind viewers of it along the way.

05Gifted products, PR packages and self-promotion

Many creators wonder whether a product they received as a gift also needs labelling. Under UOKiK's approach, what counts is whether there's a commercial relationship with the brand. If you received cosmetics with the expectation that you'd show them, or in the hope of a future collaboration, it's safer to label that content – for example as "self-promotion" or "gifted by the brand", depending on the nature of the relationship.

Promoting your own product, course or collection? That's a commercial message too. A label such as "self-promotion" makes it clear to your followers that you're talking about something you earn from. Transparency works in your favour here, because you're building a reputation as someone people can trust.

Another common mistake is removing the label after a few days, or only adding it after followers comment. The label should be there from the moment of publication and stay for as long as the content is available. The same goes for discount codes: if you earn a commission on sales, it's worth making that clear. A good habit is to keep a simple log of your collaborations, recording the brand, publication date, type of benefit and the label used. Keeping things organised like this helps with your accounts, and if a brand or your audience has questions, it lets you quickly reconstruct what was published and when.

06How Hollyfuns Studio supports brand collaborations

When planning a campaign, it's easier to stay organised when production, the publishing schedule and labelling are agreed together. On shoots for beauty and fashion brands, we help you plan content so that the ad label is a natural part of the frame rather than a tacked-on extra. As part of our legal support, we also refer you to specialists who can review a contract before you sign.

We don't promise that every collaboration will deliver specific reach or earnings. What we can do is make sure your content is professional, well thought out and in line with good practice.