In March 2025, the President of the Office of Competition and Consumer Protection (UOKiK) issued a decision regarding the improper labeling of influencer collaborations by popular online creators. This decision concerned three influencers. They were accused of incorrectly labeling advertising content on social media, which, in the Office's opinion, constituted a violation of consumer protection regulations.

The UOKiK imposed a financial penalty of approximately PLN 0.5 million on the aforementioned influencers. This decision emphasizes the importance of transparency and reliability in labeling advertising content on social media, especially in the context of collaborations with brands and advertising agencies.

It is worth noting that the UOKiK recommends that influencers use a two-tiered labeling of advertising content, i.e., both through platform functionalities (e.g., labeling as "advertisement") and on their own (e.g., in the post description). The labeling should be clear, unambiguous, and understandable to the recipient to avoid misleading consumers.

Is it possible to properly tag posts, in accordance with the Office of Competition and Consumer Protection (UOKiK) recommendations, while avoiding fees for the platforms through which posts and ads are published?

This is a very timely question in the context of changes being introduced by social media platforms (e.g., Instagram, Facebook, and TikTok), which increasingly allow the tagging of commercial collaborations only within paid sponsored posts, charging brands or creators for this.

Note: Yes, it is possible to tag posts correctly – and free of charge – by posting sponsored posts, in accordance with the UOKiK recommendations.

How can you legally post a sponsored post without paying the platform?

The UOKiK does not require that collaborations be tagged exclusively through dedicated platform tools (e.g., "Paid Partnership" on Instagram), although their use is recommended where available.

However, you can tag your own collaboration in a way that is:

(i) legible – the tag must be visible without the need to click "more,"

(ii) unambiguous – it must leave no doubt that the post is advertising,

(ii) understandable to the average user.

Examples of free, correct tags (in accordance with UOKiK guidelines):

(i) "advertising collaboration with […]"

(ii) "advertisement / […]"

(iii) "the post was created in collaboration with […]"

(iv) "sponsored content"

Additionally, you can tag your post with appropriate hashtags: #ad, #promo, #collaboration.

It's worth noting, however, that hashtags are permitted, but not sufficient as the sole tag. They can be used as a supplement, but not in place of the full tag as indicated above.

Summary:

You don't have to use paid social media platform tools to properly tag your collaboration. The most important thing is that the labeling is:

(i) accurate,

(ii) placed at the beginning of the description or post,

(iii) placed legibly and clearly.

If you still have any questions about the correct labeling of sponsored posts, please contact us!