Quality
Affiliate Disclosure Placement
Put a short, plain disclosure where the recommendation is made, before the reader acts, in words people understand. A footer link alone does not meet the standards set in the US, the UK or Germany.
In brief
- US: material connections, including affiliate commissions, must be disclosed "clearly and conspicuously"; the FTC defines this as "difficult to miss", and "unavoidable" in interactive media.
- UK: the CAP Code applies to affiliate marketing; marketing must be "obviously identifiable", and "affiliate" alone was not widely understood.
- Germany: UWG § 5a(4) makes it unfair to hide the commercial purpose of a commercial act where payment is received.
- Ontario: operators are accountable for marketing affiliates under the AGCO standards.
The rules side by side
| Market | Rule | Practical meaning |
|---|---|---|
| United States | 16 CFR 255.5: material connections "must be disclosed clearly and conspicuously"; example 11 covers a blogger earning from affiliate links | Disclose near the recommendation, in plain words, every time |
| United Kingdom | CAP Code rule 2.1: marketing must be obviously identifiable; ASA affiliate guidance | Label commercial content clearly, for example "Ad"; do not rely on the word "affiliate" |
| Germany | UWG § 5a(4): unfair to fail to identify a commercial purpose; applies where payment or similar consideration is received | Mark paid content and paid links as advertising ("Werbung", "Anzeige") |
| Canada (Ontario) | AGCO: operators accountable for advertising standards, including through marketing affiliates | Expect operators to require compliant wording and placement in contracts |
Placement
- Near the first recommendation. A one-line statement above the first table, list or call to action.
- At every recommendation that stands alone. If a widget or card can be seen without the rest of the page, it needs its own short disclosure.
- Full explanation in a linked page. The disclosure page explains relationships and how they do and do not affect content.
- Same channel. In video or audio, say the disclosure as well as showing it, so it reaches people the same way the claim does.
Wording
- Plain: "We earn a commission if you sign up through links on this page. It does not change our scores."
- Specific: say what kind of relationship it is (commission, payment for placement).
- Honest: if payment does affect inclusion or order, say so, and treat the page as advertising.
- Translated: in German pages, use German labels such as "Werbung" or "Anzeige".
Links
Google asks sites to mark links that are advertisements or paid placements with rel="sponsored", with rel="nofollow" also acceptable. Commission links to operators fit that description.
Check your pages with the disclosure self-check. It lists components to look for; it does not assess legal compliance.
Worked example (synthetic)
Synthetic example. Invented names and figures that show the method. No real operator, site or test is described.
A UK and US review page for Operator J carries affiliate links. The first draft puts the disclosure in the footer. The editor moves a short line above the first link: "We earn a commission if you sign up through links on this page. It does not affect our scores." The line uses the same type size as the body text and links to the full disclosure page. In the comparison table, each affiliate button carries the label "Ad" for UK readers. The editor then checks the page on a phone: the disclosure appears before the first link without scrolling past the intro.
Questions
Is a disclosure in the footer enough?
No. The FTC standard is difficult to miss, and unavoidable in interactive media, and the ASA requires marketing to be obviously identifiable. Put a short disclosure where the recommendation is made.
Is the word "affiliate" a sufficient label in the UK?
The ASA's guidance says the term "affiliate" itself was not widely understood by consumers, so a standalone "affiliate" label was not enough in the case it describes. Use clearer wording such as "Ad".
Do German pages need a separate label?
UWG § 5a(4) treats failing to identify the commercial purpose of a commercial act as unfair where payment is received. Mark paid content as advertising in German.
Sources
- Legal Information Institute, 16 CFR § 255.0 and § 255.5.
- Federal Register, Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective July 26, 2023.
- ASA, Affiliate marketing, March 22, 2023.
- LexMea (text of the German statute), UWG § 5a, imported September 20, 2024.
- AGCO, Important information for advertising and marketing in Ontario's new igaming market, March 16, 2022.
- Google Search Central, Qualify your outbound links to Google, last updated December 10, 2025.
Found an error? Tell the editors and link the source. Corrections are dated on the page they change (corrections).