Strict adherence to ASA & ESMA guidelines
Influencer marketing cannot scale without legal certainty. Every partnership managed by NewHorizonSaga operates under verifiable pre-flight compliance protocols designed for brand safety and consumer transparency.
Scope & Regulatory Framework
This document sets out the mandatory compliance requirements for all brand clients, creator partners, and campaign assets managed by NewHorizonSaga. All campaigns executed across the UK, EU, and global markets operate under strict joint adherence to the following regulatory bodies:
- UK Advertising Standards Authority (ASA) & Committee of Advertising Practice (CAP): Specifically CAP Code Sections 2 (Recognition of Marketing Communications) and 3 (Misleading Advertising).
- UK Competition and Markets Authority (CMA): Influencer guidance on hidden advertising and unfair commercial practices under the Consumer Protection from Unfair Trading Regulations (CPRs).
- European Securities and Markets Authority (ESMA): Market Abuse Regulation (MAR, Regulation (EU) No 596/2014) Article 20 governing investment recommendations, and MiFID II marketing communication standards.
- Information Commissioner's Office (ICO) & European Data Protection Board (EDPB): GDPR and Privacy and Electronic Communications Regulations (PECR) regarding attribution tracking.
Standardized #Ad Disclosure Protocol
Under ASA and CMA rulings, consumers must know immediately and unambiguously that content is an advertisement before they engage with it. NewHorizonSaga enforces standardized disclosure formatting across all formats:
| Channel Format | Mandatory Label Placement | Non-Compliant Examples (Prohibited) |
|---|---|---|
| Instagram Feed / Carousel | #Ad as the very first word in the caption text before the fold ("...more"), plus Paid Partnership label enabled. | #collab, #partner, #spon, buried in hashtags |
| Instagram Reels & TikTok | Prominent visual text overlay "AD" on screen for at least the first 5 seconds, plus #Ad in caption. | Microscopic font, matching background color |
| Instagram Stories | High-contrast text label "AD" or "#Ad" at top-left of each sponsored story slide. | Hidden behind user profile icon or stickers |
| YouTube (Long & Shorts) | "Includes paid promotion" box checked, clear verbal sponsorship disclosure in first 30 seconds, and #Ad in description. | No verbal statement, description-only mention |
Financial Products & Finfluencer Guidelines (ESMA)
Under the European Securities and Markets Authority (ESMA) directives and the UK Financial Conduct Authority (FCA) financial promotion regime (FG24/1), creators promoting fintech apps, banking services, trading platforms, or investment tools are subject to heightened legal standards:
- Clear Separation of Marketing from Advice: Creators must never provide individualized investment advice or guarantee financial yields. Content must explicitly identify itself as commercial promotion.
- Mandatory Capital Risk Disclaimers: Any content referencing investments or capital allocation must display clear risk warnings (e.g. "Don't invest unless you're prepared to lose all the money you invest. Capital at risk.").
- Full Disclosure of Compensation & Affiliation: Transparent disclosure of all fees, commissions, or equity relationships between creator and financial entity under MAR Article 20.
- Audience Age Restrictions: Content promoting complex financial instruments must enforce 18+ platform age restrictions.
Claims Substantiation & Truth in Advertising
In accordance with CAP Code Rule 3.7, before any objective performance, health, beauty, or financial claim is published, NewHorizonSaga requires documentary evidence substantiating the claim.
Genuine personal experiences, subjective taste preferences, and authentic creative style, clearly presented as the creator's personal viewpoint.
Comparative pricing ("cheapest on the market"), clinical results ("proven to cure..."), or guaranteed financial returns. These require formal laboratory or financial audit proof prior to campaign launch.
Pre-Flight Verification & Approval Workflow
To eliminate brand and creator liability, no sponsored content goes live without passing through our four-stage compliance gate:
Data Privacy, UTMs & Affiliate Attribution
All performance instrumentation used by NewHorizonSaga (custom destination UTM parameters, voucher codes, and post-purchase surveys) is designed to operate without invasive cross-site fingerprinting or non-consensual tracking cookies, complying fully with UK GDPR and EU ePrivacy directives.
Joint Liability, Violations & Remediation
Under UK and EU consumer protection legislation, liability for misleading advertising is joint between the brand, agency, and creator. Failure to comply with mandatory disclosure directives constitutes a material breach of contract, resulting in immediate campaign pausing, fee withholding, and required post correction within 2 hours of notification.
Run high-performance creator campaigns with zero regulatory risk
Have questions regarding category-specific disclosures or upcoming ESMA/ASA rulings? Contact our compliance and campaign team.