Rules and ethics
Part of When to check affiliate marketing rules and ethics before you scale
How to write an affiliate marketing disclosure policy without vague wording
A step-by-step guide to drafting an affiliate marketing disclosure policy for England, covering wording, consent, green claims and a scoring rubric.
What to take away
- A reader in England should meet the commercial link before the click, not in a footer they never open.
- Consumer protection law and the CAP Code judge disclosure on timing, clarity and prominence.
- Email or remarketing follow-up needs a lawful basis chosen before you collect the data.
- A policy works only if it names an owner, approved wording and a review date.
- Score your draft with the rubric below before it goes live.
A publisher in Manchester writes a buying guide, then adds a line at the foot of the page saying some links may earn commission. A reader clicks, buys, and only then spots the note. The complaint is not about the commission. It is about when the reader found out.
Why a written policy matters in England
Consumer protection in England treats a hidden commercial incentive as a misleading action. The Climate Change Act 2008 is one strand of UK law that regulators draw on when they weigh commercial and environmental claims.
If a link pays you, say so before the click.
The Advertising Standards Authority applies the CAP Code to affiliate content that counts as an ad. The question is whether an average reader understands the commercial relationship at the moment it matters. A label above the link usually passes. A footnote after the buy button usually fails.
Set the scope before you draft wording
Decide which channels the policy covers. A blog post, a newsletter, a video description and a social post each need slightly different treatment. Write it so a freelancer can follow it without asking you.
Name the people bound by it: staff, contractors, guest writers and anyone running a paid placement. Name the owner, and name the deputy who checks drafts when the owner is away.
Choose wording a reader understands
"We earn a commission if you buy through this link" is clear. "This content may contain affiliate links" is weaker, because it never explains what an affiliate link does.
Place the disclosure above the first affiliate link, never below the article. Repeat it in the newsletter header when the email carries links. Keep the same wording on every channel so readers learn to recognise it.
Handle consent and data properly
Disclosure is not consent. If you collect an email address for follow-up offers, you need a lawful basis for that marketing. The ICO explains how to choose one in its guidance on sending direct marketing and choosing your lawful basis.
Affiliate tracking often sets a cookie before the reader has agreed. Pair the policy with a cookie notice that explains what the network records. Our guide to affiliate marketing data protection in England covers the records worth keeping.
Write sector-specific rules for green claims
If you promote insulation or heat pumps, disclosure sits alongside accurate environmental claims. GOV.UK publishes consumer law guidelines for marketing green heating and insulation that set out what counts as misleading. An affiliate repeating an unverified saving figure is as exposed as the merchant.
Add one line to the policy: no environmental claim goes live without a source, filed with the approval date.
Score your draft with this rubric
Grade the draft before it goes live. A score of 18 or more out of 24 is a reasonable pass, and anything below 14 needs a rewrite.
| Criterion | 4 points | 2 points | 0 points |
|---|---|---|---|
| Timing | Before the first link | Mid-article | Footer only |
| Clarity | Says commission is earned | Says links may be affiliate | No explanation |
| Prominence | Same size as body text | Smaller but visible | Hidden in small print |
| Consistency | Same wording on every channel | Minor variations | Different each time |
| Consent | Lawful basis recorded | Basis assumed | No basis recorded |
| Review | Owner and review date named | Owner named | Owner unnamed |
A team that scores 20 but has no named owner still has a gap, because the policy will drift.
Put the policy into daily practice
Add the disclosure to your content template so writers cannot forget it. Brief affiliates in writing before they publish. Keep a log of who approved each campaign.
Review the policy every six months against the CAP Code and ICO guidance, and check the sector regulator if you promote regulated products.
This article offers general guidance only, and individual cases need a qualified adviser. The wider framework, including rules that apply across the UK, is in our affiliate marketing UK rules and compliance guide.
Common questions
Does the disclosure go before the link or can it sit at the end?
Before. The reader should understand the commercial relationship before they click. A footer note added after the purchase does not meet the CAP Code test.
Is a short label enough for a social post?
Often yes, provided the label is visible without expanding the post. Say commission is earned, rather than that links are affiliate links.
Do I need consent to run affiliate tracking?
Tracking usually relies on cookies, so you need a compliant cookie notice. Sending marketing emails afterwards needs a separate lawful basis.
Who is responsible if a merchant makes a misleading claim?
The affiliate can be liable too for repeating it. Keep evidence for any claim you publish, especially environmental or health claims.
