INFLUENCERS AND ADVERTISEMENT

Publication date: May 23, 2025

Guidelines of the Polish Office of the Protection of Competition and Consumers

Guidelines issued by the Polish Office of the Protection of Competition and Consumers on the legal correctness of advertising products or services provided by influencers:

Unlawful practices:

• Failure to highlight advertising materials and differentiate them from non-commercial ones;
• Misleading omissions – Article 6, section 1 of the Act of 23 August 2007 on counteracting unfair market practices;
• Surreptitious advertising consisting in the use of journalistic content in mass media in order to promote a product – Article 7, point 11 of the Act on Counteracting Unfair Market Practices;
• An act of unfair competition when a statement that encourages the purchase of goods or services gives the impression of neutral information – Article 16 section 1 point 4 of the Act of 16 April 1993 on Combating Unfair Competition.

We assess the compliance of an influencer, advertiser or advertising agency with the regulations individually, based on specific circumstances.

Commercial collaborations:

Any advertising, i.e. commercial content or advertising material, should be distinguished from neutral information.

Commercial content:

• self-promotion
• gifts (PR packages).

It does not matter in what form the influencer receives remuneration for recognizing the content as commercial. The material benefit may take the form of monetary or material remuneration, i.e.:

• products or services,
• discounts on the purchase of products or services,
• profits from publishing discount codes, affiliate links, and licenses granted,
• promotional vouchers,
• bonuses,
• cover additional costs of participating in the event in addition to the entrance ticket.

Method of concluding the contract with an influencer:

The form in which an influencer enters into an agreement with an advertising agency or advertiser is irrelevant. Appropriate arrangements can be made on paper, during a conversation, or by exchanging e-mails or messages in instant messengers. Under the agreement, the influencer receives remuneration in exchange for publishing commercial content on their social media account. In the agreement or in its attachments (e.g. in the brief), the parties can specify the shape and form of the materials.

It does not matter whether the advertiser has influence on the content for the material to be considered commercial. Usually, it is the advertiser or advertising agency that determines the requirements for the final form and appearance of the publication. They can commission the influencer to prepare the material based on a so-called brief or approve it just before publication. Such content should be marked as advertising. However, if neither the advertiser nor the agency has influence on the material created by the influencer, and the influencer publishes information about a product or service for remuneration, it must also be marked as advertising material. This also applies to situations where the influencer shares their own opinions about a product that they received from the advertiser or its affiliated entity, or services that they used at the advertiser’s expense.

Commercial collaborations:

Free invitation to an event, e.g. a ticket to the cinema or theatre – the influencer should inform the observers that he/she has received a free invitation. This is possible provided that the material was created independently of the will and influence of the advertiser (or an entity associated with it).

Promoting a product in exchange for a discount on that brand’s products must be appropriately marked and distinguished from neutral content, regardless of the form of remuneration.

Another material benefit is the increase in sales of one’s own goods or services, i.e. self-promotion.

A product received solely for testing (e.g. pre-release) to post a review on social media channel and then return it – does not have to mark this material as advertising. It is enough to inform followers who the product is from and that the influencer received it for free with the need to return it.

When publishing advertising material and receiving remuneration for it, the influencer should mark it as advertising material.

Duration of cooperation:

The duration of the cooperation is irrelevant for the recognition of the material as advertising. Commercial cooperation can be long-term or concern a single advertisement. It can be associated with the promotion of specific products or services or concern a specific brand. An influencer can become a brand ambassador and build its image, associations with the advertiser or its products and services through their social media channels. This type of cooperation (one of the forms of sponsorship) should also be marked as advertising material each time. All commercial content related to being a brand ambassador must be distinguished from neutral content each time.

Examples:

When an advertiser has influence on the publication

1. The advertiser had an influence on the publication, and the influencer received a monetary compensation. The TV manufacturer commissioned the technology influencer to prepare a video on modern image processing methods. The creator presented the topic in accordance with the advertiser’s guidelines, using its products. The advertiser influenced the content creation process, making minor changes to the material. After the cooperation ended, the influencer received compensation in the form of a transfer from the TV manufacturer. Such material must be marked as advertising and the promoted brand indicated.
2. The creator of a review channel that focuses on new technologies received a pre-release phone from a distributor. In exchange for the product, the influencer prepared material about it and published it on his channel. He didn’t have to return the phone, so he kept it. Such material must be marked as advertising and indicate the promoted brand.
3. A cosmetics brand, through an agency, commissioned a hair care influencer to present a new coloring shampoo. As part of the collaboration, the creator dyed her hair with the shampoo, prepared photos and descriptions, and then posted them on her Instagram account. The influencer received payment via BLIK from the cosmetics manufacturer. Such material also requires marking as advertising and indicating the promoted brand.
4. A travel agency organizes and pays for a foreign vacation for a pair of influencers in exchange for preparing a travel report. Before the trip, the company agreed with the creators on Whatsapp on a minimum list of services in the form of the number of posts and stories and indicated keywords that should appear in the content.

When the advertiser has no influence on the publication:

1. The car manufacturer invited the influencer to the premiere of its latest car model. The brand covered the costs of accommodation and meals on site. The influencer reported the event on his channel
2. An influencer from the automotive sector has launched a new series of materials dedicated to electromobility. He was inspired to take up the topic by a photovoltaic manufacturer, which has committed to providing the creator with discounts on its services in the future. In exchange for the discounts, the influencer creates his materials based on the client’s products.
3. The phone manufacturer asked for a review of a new smartphone model. The influencer received a 75 percent discount on the purchase of the device, which she could then use for private purposes, as compensation for the publication.
4. The DIY influencer advertises a seasonal sale at a power tool store. To do this, they include a direct link to the offer in their materials, along with information about a 20 percent discount that will be activated after entering a special discount code provided by the creator. They receive a percentage of the sale for each purchase with the code.

Remuneration in the form of profit from granting a license:

1. A group of influencers – in exchange for a monetary compensation and an additional share of sales profits – made their logo available to a computer equipment manufacturer (license). The company has prepared a new model of accessories signed with a special slogan and the creators’ logo. Influencers promote the new product on their profiles and encourage people to buy it.

Sponsorship:

1. A brand that produces photographic equipment has become a sponsor of a travel series in which the influencer visits various countries in search of outdoor photo locations. In each of the dozen or so materials, the creator informs the audience that the sponsor of her trip is a brand that cooperates with her. She also uses her equipment to take photos and produce content, which she indicates in her stories.

Product made available for testing purposes, the brand has no influence on publications:

1. A car manufacturer provided an influencer with a new car model for testing. The influencer was preparing a review for his channel. After testing, he had to return the car. He did not receive any additional material benefits. – requires notification of the product being made available for testing.

Participation in the event is free of charge, the organizer has no influence on the publication:

1. The influencer received an invitation to a concert from the organizer. He decided to take part, so he covered the costs of transport and accommodation himself. During the concert, he added videos and photos with friends, and after the event, he published a post in which he described his impressions of the performance. – requires information about a free invitation.

Self-promotion:

Self-promotion is advertising one’s own brand, including one’s own products and services. It applies to situations where the influencer runs a business or owns shares in a company that produces (e.g. clothes), provides services (e.g. dietetics) or other activities (e.g. creating audio or e-books) and advertises it on their social media channels.

Self-promotion requires labeling. Content in social media cannot appear neutral if it is advertising material and the purpose of its publication is to increase sales of one’s own goods or services. Promoting one’s own brand is part of the commercial sphere of the influencer’s activity.

1. The influencer decided to produce a series of T-shirts and sweatshirts on his own and started selling them in his own online store. Using his Instagram account, he encourages people to buy these products and places a direct link to the store. Requires marking as self-promotion.
2. The writer, who is also an influencer, has just released her latest crime novel. She uses her channels to inform about the new book, share the emotions that accompanied her creative process, and also talk about the novel’s availability in bookstores. Requires self-promotion marking.

If there is any doubt as to the nature of a product or service, it should be marked as an advertisement.

Gifts:

A form of cooperation with an influencer is for an advertising agency or the advertiser to send them gifts, so-called PR packages.

Gifts sent by an advertising agency or directly by an advertiser, known as PR packages, are of little value. The creator is not obligated to return them or pay for them, and they do not receive compensation for potential promotion. There is no formal agreement between the donor and the influencer, nor is there any order to publish social media materials related to the gift. The donor has no influence on the content of these materials or accepts them. It is the influencer who decides whether and in what form to publish a post. If an influencer decides to publish after receiving the first gift from a brand, they do not have to mark this content as advertising material, but they should inform their followers that they received the product as a gift.

1. An advertising agency sent PR packages with samples of cosmetics from a new brand to several influencers from the beauty industry. The gifts were of small value, and the agency did not set any requirements regarding the publication or presentation of the products. The package contained only a card with wishes. After receiving the package, some influencers decided to share their opinions about the gift, and the publication had to be marked as a received gift.
2. One of the influencers who received the first gift in the example above, after some time, received another package with products of the same brand from the advertising agency. He re-published a video in which he described the received products, even though the agency had no expectations or approval of the influencer’s published materials. This type of post requires marking as advertising material and indicating the promoted brand.

If an influencer receives further gifts from the same brand (or entities associated with it), they should mark such publications as advertising material. By providing further gifts, the donor can thus compensate the influencer for their previous actions, despite the lack of a formal agreement between the parties. In turn, the creator can publish positive content about the gifts received, counting on further gifts or a paid cooperation agreement. In such a case, the message addressed to followers loses its neutrality.

Marking methods:

Influencers are required to label advertising materials published on their social media channels in a clear, unambiguous and easy-to-understand manner for all recipients. The label should be visible to both regular followers and those who come across their content for the first time. Followers should be able to recognize the advertising nature of the materials from the very beginning of their familiarization with them, regardless of whether they are using mobile devices or desktop computers. In addition, the influencer must indicate which brand they are promoting.

When publishing advertising materials, the influencer can use the features available on social media platforms to mark commercial content. At the same time, they should ensure that information about the advertising nature of the content is appropriately visible to their followers. So-called two-level marking is recommended, i.e. using both the tools offered by the platform and an additional mark added by the influencer (e.g. in the description, on a photo, in a video or in the narrative content).

It is worth remembering that social media and the features available on them for labeling advertising are constantly changing, and these changes do not always improve the clarity of labeling. Labeling may vary depending on the platform, its functionality, and the way in which content is published, including the form, location, and content of the label. Therefore, using only the tools provided by the platform may not be enough to avoid consequences for incorrectly labeling advertising, especially if it is difficult for recipients to notice or understand.

The marking of advertising materials is considered legible, unambiguous and understandable if it is:

• in a visible place, e.g. at the beginning of the description or recording,
• standing out from the rest of the content,
• written in clear and sufficiently large font,
• in Polish, if the profile is maintained in this language,
• using terms clearly indicating the commercial nature of the publication.

Before publishing, please check whether the markings are clear and understandable, and whether the content creation does not affect the readability and visibility of the marking.

Advertising material:

#advertisement or [advertisement] #AdvertisingMaterial or [advertising material] #AdvertisingCooperation or [advertising cooperation] #SponsoredPost or [sponsored post] #SponsoredMaterial or [sponsored material] #PaidCooperation or [paidcooperation] #video #report #post #material + #advertising #sponsored = e.g. #AdvertisingVideo, #SponsoredReport Advertisement Brand XYZ Paid cooperation with the XYZ brand

Gifts:

#gift or [gift]

When publishing materials with subsequent gifts from the same advertiser, it is recommended to use the terms used for advertising materials.

Self-promotion:

#selfpromotion or [selfpromotion] #selfadvertisement or [selfadvertisement] #OwnBrand or [ownbrand]

Exceptional cases, including invitations, tests:

Followers have the right to determine whether receiving an invitation to an event or a product for testing may affect the neutrality of the influencer’s publication. They should be duly informed about the circumstances of the creation of such material. The creator can do this, for example, in the description or in the narration, by verbally confirming it in the material itself (if it is video or audio material).

Marking methods – not recommended terms:

The marking of advertising materials may be considered illegible, ambiguous, incomprehensible, or misleading if it is, among other things:

• placed in an invisible place, e.g. against the background of another text, after using the “more” or “see more” option, at the edge of the image,
• in a color that blends with the background,
• written in unclear or too small font, with spelling errors,
• in a language other than Polish, if the profile is maintained in Polish,
• using ambiguous terms that do not indicate the commercial nature of the content, e.g. cooperation.

Incorrect markings, i.e. those that may mislead observers:

• Non-recommended terms In a language other than Polish # advertisement or [advertisement] # collaboration or [collaboration] # commercial or [commercial ]
• In short form #ad or [AD] #promo or [promo] #spons or [spons] #autopromo or [autopromo]
• In an ambiguous form (not emphasizing the fact that the influencer received benefits) #cooperation or [cooperation] The material was created in cooperation with…

Determining the correctness of the advertisement labeling according to the list:

• Using Platform Functionality – If a given platform allows for the highlighting of commercial content, the influencer should check whether such marking is legible and visible in the material. The influencer should use a two-level marking and mark the material himself, e.g. in the post description.
• Indication of the Commercial Nature of the Content – It is necessary to check whether the terms used are unambiguous for each recipient.
• Indication of the Promoted Brand – Check whether it is stated which brand is being presented.
• Legible and Understandable to Recipients – Check whether the font size or background color of a given material does not make it difficult for the recipient to read the marking. Also verify whether the markings are visible to both people who play the materials using a mobile phone and a computer.

An AR filter has been created on platforms like Instagram and Facebook to help influencers highlight ads, self-promotions, and giveaways.

Platforms that allow publishing audio materials (e.g. podcasts). – Information about the advertising nature of the podcast should be placed at the beginning of the recording or just before the part containing sponsored content (advertisement), as well as in the podcast description.

Ways to tag – recommended Instagram stories tags:

• The influencer used the functionality offered by the platform, thanks to which the inscription “Sponsored post” appeared under the name of her account. However, due to the natural, white background, the marking became difficult to read. Therefore, the influencer used a two-level marking and independently inserted the term “Advertisement” also on the material itself. In the story, she marked the advertiser.
• The influencer used the functionality offered by the platform, thanks to which the inscription “Sponsored post” appeared under the name of her account. However, due to the natural, white background, the inscription became difficult to read. Therefore, she used a two-level designation and, at her own discretion, included information about the nature of the cooperation also on the material itself – she used the clear phrase “Advertisement of brand XYZ”.

Insufficient story tags:

• The information’s labeling as advertising is illegible because the influencer placed the word “Advertisement” in the corner of the story. She also used too small a font and did not indicate the name of the brand being advertised.
• At first glance, it is not obvious that the relationship is commercial in nature. The influencer did not describe the advertising nature of the relationship – she did not use clear terms, such as “commercial cooperation” or distinguishing this content as bringing her profit. In the material, she only provided a discount code.

Tag Methods – Recommended Instagram Post Tags:

• The influencer used a two-level mark – she used the functionality offered by the platform, thanks to which the inscription “Sponsored post” appeared under the name of her profile, and in the description, in a visible place, she provided the information “Advertisement” and the name of the brand @Reklamodawca. Additionally, she marked the advertiser in the photo.
• The influencer used a two-level marking – she used the functionality offered by the platform, thanks to which the inscription “Sponsored post” appeared under the name of her profile, and in the content of the post she described its commercial nature – in a visible place she provided the information “Material sponsored by company XYZ”.

Insufficient Labeling – Instagram Post:

• At first glance, it is not obvious that the entry is commercial in nature. Using “#Cooperation” is insufficient. It is not known what the nature of the cooperation is or who it is with. The influencer did not use the platform’s functionality, she only mentioned what brand of products she was presenting.
• At first glance, it is not obvious that the entry is commercial in nature. The influencer did not use the platform’s functionality, and information about the commercial nature of the material and the promoted brand is visible to followers only after expanding the description “more”.

TikTok and all other platforms that allow influencers to publish short video materials – recommended short tags:

• The influencer used a two-level designation. He used the platform’s “Paid collaboration” functionality, and in the description of the material he included information about the advertiser, preceded by the phrase “Sponsored material by brand XYZ”.
• The influencer used a two-level designation. He used the platform’s “Paid cooperation” functionality, and in the content of the material he included information about the commercial nature of the content and the advertiser “Advertisement of brand XYZ” – in a visible place in the film and in a contrasting color. In addition, he also marked the advertiser.

Insufficient short designations:

• At first glance, it is not obvious that the entry is commercial in nature. The influencer did not use the platform’s functionality and did not clearly indicate in the description that it was a sponsored video. He only provided the advertiser’s brand and the advertised product.
• At first glance, it is not obvious that the entry is commercial in nature. The influencer did not use the platform’s functionality and did not clearly indicate in the description that it is an advertisement. The use of “#Cooperation” is insufficient – it is not known what its nature is or who it is established with. He only provided the advertiser’s brand (in the designation).

Youtube and other platforms enabling the publication of video materials – recommended designations:

• The influencer used a two-level designation. He used the platform’s functionality “Contains paid promotion”, and in the video description, in the first lines (without the need to expand), he gave the name of the advertiser and information that the material was sponsored.
• The influencer used a two-level designation. He used the platform’s “Contains Paid Promotion” functionality and verbally explained that the material was created at the advertiser’s request. He could have included this in the form of subtitles on the video.

Insufficient markings – video:

• The influencer marked the material on two levels. He used the platform’s functionality and provided information about the advertiser verbally at the beginning of the ad and displayed a frame with “Sponsored fragment” for the duration of the ad.
• At first glance, it is not obvious that the entry is commercial in nature. The use of the phrase “The material was created in cooperation with XYZ” is insufficient and ambiguous, because it does not explain what the nature of the cooperation is. This information is included only in the description of the film.

Legal consequences:

Incorrect labeling of advertising content may entail legal consequences for the influencer, advertising agency and advertiser. Both liability based on the provisions presented in this section and recourse liability.

For example, an influencer who has been financially liable for incorrectly labelling advertising materials may have further claims (recourse) against the advertising agency or advertiser in connection with the concluded contract, unless there is an applicable exclusion of liability in this respect.

Influencers, even if they do not conduct formally registered business activity, may be considered entrepreneurs within the meaning of Article 4, Section 1 of the Act on Competition and Consumer Protection (UOKiK). As a result, their activities are subject to supervision by the President of the UOKiK, who may initiate administrative proceedings in the event of a suspicion of infringement of the collective interests of consumers. When the authority determines that an infringement has actually occurred, it may issue an administrative decision recognizing the practice as contrary to the regulations and ordering its cessation (in accordance with Article 24 of the UOKiK). Even if the influencer himself ceases the improper activities, the President of the UOKiK may formally determine the infringement and its termination (Article 27 of the UOKiK).

In such a decision, corrective actions may be specified, aimed at eliminating the effects of the violation. The President of the UOKiK may oblige the influencer, among other things, to publish a statement or the decision itself, and the costs of these actions are borne by the influencer. In addition, it is possible to impose a fine of up to 10% of the influencer’s annual turnover from the year preceding the imposition of the sanction (based on art. 106 sec. 1 item 4 of the UOKK ). Importantly, this liability does not depend on guilt – the penalty may also be imposed when the influencer was not aware that their actions were unlawful.

The influencer should remember about the obligation to cooperate with the President of the Office of Competition and Consumer Protection. According to Article 106 paragraph 2 of the Office of Competition and Consumer Protection, for failure to provide the required information or providing false or misleading data – even unintentionally – a financial penalty of up to EUR 50 million may be imposed. For example, in 2022, six people were punished, and the total penalties amounted to PLN 139 thousand.

Cooperation with the UOKiK may pay off, however. During the proceedings, the influencer may avoid a penalty if they commit to corrective actions that will end the violation or remove its effects. Then the President of the UOKiK may issue a so-called commitment decision, which allows avoiding a financial penalty related to the violation of art. 24 of the UOKiK, even if the influencer has already stopped the practice.

Public law (administrative law) consequences:

The President of the UOKiK may find that an entrepreneur applies a practice that violates the collective interests of consumers if they engage in unfair market activities. This applies, among others, to misleading activities related to labeling advertising materials or the use of surreptitious advertising (in accordance with Article 24 of the Act of 16 February 2007 on the protection of competition and consumers). In such a case, the President of the UOKiK may impose the following sanctions on the entrepreneur:

• a fine of up to 10% of turnover,
• an order to discontinue a practice that violates the collective interests of consumers,
• the obligation to remove the effects of the infringement (including the publication of declarations in the form and content specified in the decision of the President of the Office of Competition and Consumer Protection),
• publication of the decision of the President of the Office of Competition and Consumer Protection.

The relevant provisions are contained in Articles 26-27 and 106 of the Act of 16 February 2007 on competition and consumer protection.

Private law (civil law) consequences:

Consumers who have been affected by an entrepreneur’s unfair market practice related to the marking of advertising materials may demand:

• redress of damages on general terms, including the invalidation of the contract and mutual return of benefits and reimbursement by the entrepreneur of costs related to the purchase of the product,
• to discontinue this practice,
• remove the effects of this practice,
• submitting a single or multiple declaration of appropriate content and form,
• awarding an appropriate amount for a social purpose related to supporting Polish culture, protecting national heritage or protecting consumers.

Pursuant to Article 12 of the Act on Counteracting Unfair Market Practices.

Entrepreneurs (competitors) may, in connection with another entrepreneur’s use of an act of unfair competition in advertising, request:

• redress of damages on general terms, including the invalidation of the contract with the obligation to return the benefits and reimburse the costs associated with the purchase of the product,
• to discontinue this practice,
• remove the effects of this practice,
• submitting a single or multiple declaration of appropriate content and form,
• awarding an appropriate amount for a social purpose, such as supporting Polish culture, protecting national heritage or protecting consumers.

In accordance with Article 18 of the Act on Combating Unfair Competition. It should also be noted that initiating public law actions does not exclude the possibility of taking action in private law (and vice versa). This means that consumers or competitors may individually pursue claims against the entrepreneur, regardless of any proceedings by the President of the Office of Competition and Consumer Protection. Additionally, actions against entrepreneurs who incorrectly mark advertising materials may also be taken on the basis of self-regulation, in particular by the Ethics Committee of the Advertising Council.

Recommendations:

• Each contract between an influencer and an advertiser or advertising agency should include appropriate provisions regarding the need to mark advertising materials published on social media in accordance with the recommendations.
• The advertiser or advertising agency should include appropriate verification procedures in contracts concluded with influencers, concerning the correct marking of advertising materials in accordance with recommendations and the concluded contract. In the event of irregularities, the influencer should be obliged to immediately introduce the correct markings, under penalty of the possibility of drawing the consequences indicated in the contract, up to and including its termination.
• Advertising agencies and influencers have the right to refuse cooperation if the advertiser does not require any labeling of advertising materials published on social media or requires labeling that is inconsistent with the recommendations.

Special and prohibited categories :

There are specific categories of products or services whose advertising is regulated by specific legal provisions.

The influencer should check whether advertising is permitted and under what conditions before publishing commercial content. Examples of products and services whose advertising is subject to specific regulations:

• alcoholic products – Act of 26 October 1982 on sobriety education and counteracting alcoholism,
• tobacco products – Act of 9 November 1995 on the protection of health against the effects of using tobacco and tobacco products,
• medicines – Act of 6 September 2001 – Pharmaceutical Law,
• dietary supplements – Act of 25 August 2006 on food and nutrition safety
• financial products and services – including the Act of 29 August 1997 – Banking Law, the Act of 19 August 2011 on payment services, the Act of 12 May 2011 on consumer credit,
• gambling – Act of 19 November 2009 on gambling.

Influencers, advertising agencies and advertisers should always verify the audience to which the material is directed. People under 18 are particularly protected from inappropriate content in advertisements, due to their lack of experience and natural gullibility. Influencers who direct their work to underage consumers should remember the applicable regulations.

In accordance with the regulations:

• It is prohibited to include commercial messages in broadcasts regarding food or beverages that contain ingredients the excess of which in the daily diet is not recommended – in accordance with Article 16b paragraph 3a of the Broadcasting Act.
• Product placement is prohibited in programmes aimed at children – in accordance with Article 17a, paragraph 1, point 5 of the Broadcasting Act.
• It is prohibited to include direct appeals to children to purchase products or to persuade their parents or other adults to purchase advertised products in advertisements – in accordance with Article 9, point 5 of the Act on Counteracting Unfair Market Practices.

In addition, it is worth following the principles of the “Charter for the Protection of Children in Advertising”, which is an annex to the Advertising Council’s Code of Ethics in Advertising.

Advertising of certain products or services is prohibited or subject to restrictions. Before publishing, make sure that the advertisement complies with the applicable regulations. If there are any doubts, it is better to refrain from cooperation.