Correct Labeling of Influencer Collaborations – Obligations, Risks, and Sanctions

With the dynamic growth of the influencer marketing market in Poland, the importance of transparency in promotional relationships is growing. Both influencers and brands are obligated to accurately inform their audiences about the commercial nature of published content. Improper labeling of collaborations can lead not only to a loss of audience trust but also to serious legal consequences – including proceedings conducted by the President of the Office of Competition and Consumer Protection (UOKiK).

Obligation to Label Commercial Collaborations

According to the provisions of the Act on Combating Unfair Market Practices and the Act on Competition and Consumer Protection, all advertising content published by influencers must be clearly marked as sponsored content. This applies to both paid collaborations and barter (in-kind benefits) if they influence the content of the publication.

Proper labeling should be clear and understandable to potential recipients, appear at the beginning of the content, and not be misleading as to the nature of the message.

UOKiK Actions and Possible Sanctions

Since 2021, the UOKiK has been conducting intensive monitoring and education efforts on the influencer market. If irregularities are found, the office may initiate proceedings against the influencer and/or brand, impose a fine of up to 10% of turnover, require the company to cease the practice and publish a correction, impose fines on management (up to PLN 2 million), and publish the decision along with details of the violating parties.

Consequences of Incorrect Labeling

Incorrect or no labeling of advertising content may be considered misleading to consumers, which constitutes an unfair market practice. In extreme cases, it may also result in civil or reputational liability – for both the influencer and the promoted brand.

Law Firm Recommendations

Law Story's digital marketing lawyers recommend:

(i) concluding written agreements with influencers that regulate how content is tagged,

(ii) utilizing the official recommendations of the Office of Competition and Consumer Protection (UOKiK) regarding transparency in collaboration (e.g., the Influencer Guide),

(iii) educating and training marketing and PR teams on applicable regulations.

In the event of legal doubts regarding promotional activities or pending proceedings before the UOKiK, we provide advice and representation for both brands and creators.