How do you mean cooperation? UOKiK recommendations

How do you mean cooperation? We present the most important rules and guidelines that creators and advertisers should follow to avoid publishing crypto ads. More information can be found in our video .

The laws banning crypto ads have been around for a long time, but they haven't been entirely clear, especially when translated into the influencer marketing industry. So we have known for a long time that it is necessary to mean paid cooperation, but it was not entirely clear how. Now we can rely on recommendations of the President of UOKiK , because it is he who will check that our advertising content is properly marked. We have prepared for you the most important information that will answer the question: how to mean cooperation.

We can distinguish 3 unfair practices in the field of marking commercial collaborations:

misleading omission, i.e. a situation where we knowingly omit the designation of advertising cooperation, so that recipients cannot make an informed purchase decision.

crypto-advertising, that is, advertising a product without information that it is a paid promotion, in such a way that it is almost impossible to distinguish from commercial cooperation.

an act of unfair competition, that is, a statement encouraging the purchase of a product that gives the impression of neutral information.

When to indicate advertising cooperation?

We can distinguish many types of cooperation, which differ, among others, in the way of concluding the contract, the form of remuneration, the influence of the advertiser on the material and the duration of the cooperation. Regardless of these variables, any advertisement — that is, commercial content or advertising material — should be distinguished from neutral information and labeled accordingly.

Mark cooperation if for advertising you received:

monetary remuneration

products or services,

discounts on the purchase of products or services,

earnings from the publication of discount codes, affiliate links, promotional vouchers, bonuses,

cover the cost of participation in the event (except for the ticket)

When testing a product, do I need to mark cooperation?

If a creator receives a product exclusively for testing (e.g. pre-release) to post a review on their channel, and then returns it — they do not need to mark the material as advertising. It is enough for him to inform his followers about who this product is from and that he received it free of charge with the need to return it.

Do I have to mark a one-time placement as a collaboration?

In order for the material to be considered advertising, the duration of the cooperation is also not important. The cooperation may be of a long-term nature or involve a single placement. An influencer can become a brand ambassador and build its image. This type of collaboration must also be marked as advertising material.

Do I need to tag an ad when promoting my own products?

Self-promotion as an advertisement also needs to be marked. The promotion of your own brand, e-book, cosmetics or services belongs to the commercial sphere of the influencer's activity, that is, it is also advertising.

When receiving a PR package, do I need to tag an ad?

If we decide to publish after receiving the first gift from the company, we do not have to mark this content as advertising material. However, we should inform observers that the product was a gift from a given brand. If the same brand sends us more products — we must already mark publications about them as advertising material.

How do you mean collaboration on social media?

The basic principle is simple: the marking of advertising and the indication of the brand with which we cooperate must be clear, understandable and readable. The recipient, whether a new person on our channel or a regular follower, can have no doubt that our content contains ads. Most platforms offer options to mark commercial collaboration at the level of adding content.

What sign do we consider to be legible and understandable?

Located in a prominent place, such as at the beginning of a description or recording,

Standing out from the rest of the content,

Written in a clear and large enough font,

Written in Polish, as long as the profile is maintained in that language,

With the use of terms that clearly indicate the commercial nature of the publication.

UOKiK recommends two-level marking here, i.e. simultaneous use of the platform's functionality and marking of advertising on your own.

How to mark an ad yourself?

First of all, it must be marked so that there is no doubt. The designation must be in Polish, written in full word, not abbreviated.

Recommended Collaboration Tags: #reklama or [AD], #materiałreklamowy or [ADVERTISING MATERIAL], #współpracareklamowa or [ADVERTISING COLLABORATION], #postsponsorowany or [SPONSORED POST], #materiałsponsorowany or [SPONSORED MATERIAL], #płatnawspółpraca or [PAID COLLABORATION], #wideo #relacja #post #materiał + #reklamowy, #sponsorowany = eg., +, = for example,,, XYZ Brand Advertising, Paid XYZ Brand Collaboration #wideoreklamowe #relacjasponsorowana

Recommended markings in case of self-promotion:

#autopromocja or [self-promotion], #autoreklama or [self-advertising], #markawłasna or [own brand]

Recommended markings for gifts:

#prezent or [gift], #podarunek or [gift], *When publishing material with subsequent gifts from the same advertiser, it is recommended to use the same terms as for advertising materials.

Recommended markings in exceptional cases such as invitations or tests:

Followers have the right to determine for themselves whether receiving an invitation to an event or a product to be tested can affect the neutrality of the influencer's publication. They must be reliably 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 this in the material itself (if it is film or sound material).

How NOT to mark ads?

In a language other than Polish, for example:

#advertisement or [advertisement], #collaboration or [collaboration], #commercial or [commercial]

In abbreviated form, for example:

#ad or [AD], #promo or [promo], #spons or [spons], #autopromo or [autopromo], #rek or [rek]

In an ambiguous form (not emphasizing the fact that the influencer benefits), for example:

#współpraca or [collaboration], The material was created in collaboration with...

How to mark advertising collaborations on Instagram?

Instagram offers functionality that allows you to mark sponsored material not only in the post, but also on the relationship. Thanks to this, the inscription will appear at the publication: Sponsored post. In addition, the advertisement should appear in text form (in the photo in the case of Relations, in the case of a post - in the description). In addition, it is necessary to indicate the promoted brand, for example by marking its profile.

How to mark advertising collaborations on TikTok?

TikTok, like Instagram, offers functionality that allows you to tag sponsored material. When you select this option, the inscription appears under the material: Paid collaboration. In addition, information about advertising should also appear in the description, indicating the promoted brand.

How to mark advertising collaborations on YouTube?

As with the rest of the platforms, it is best to first of all use the platform function and add the option “Includes paid promotion”. In addition, information about the collaboration should appear in the description of the video, for example “XYZ brand advertising” or “Paid cooperation with XYZ brand”, you can also verbally explain that the material was commissioned by a given company, or use appropriate hashtags. You can also add subtitles to the video.The most important rule that everyone should remember: If you have doubts about whether your material constitutes a commercial message and whether it should be marked as advertising is... label it! In this way, you will prove that you are acting in accordance with the law and respect your followers.

Consequences of incorrect marking of advertising content:

Incorrect labeling of advertising content can lead to legal consequences for the influencer, the advertising agency and the advertiser:

The President of the UOKiK may determine the application of a practice that violates the collective interests of consumers.

Consumers against whom the influencer (or agency or advertiser) has engaged in unfair marketing practices related to the labeling of advertising materials can claim a range of claims, from the removal of the content in question to the award of an appropriate amount of money for a specific social purpose.

Products whose advertising is regulated by specific legal regulations.

There are certain categories of products or services, the advertising of which is regulated by specific regulations. These include:

Alcoholic products

tobacco products

pharmaceuticals

dietary supplements

financial products and services

gambling

The entire recommendation of the President of UOKiK can be downloaded here: https://uokik.gov.pl/download.php?plik=26685

Do you have any questions or concerns? Write to us! support@lttm.pl