EU Law: The Unfair Commercial Practices Directive
The UCPD is the EU's baseline ban on hidden advertising. Undisclosed paid editorial content is blacklisted — prohibited per se.
The Unfair Commercial Practices Directive (UCPD), Directive 2005/29/EC, is the baseline European Union law prohibiting hidden and misleading advertising. It applies across all EU member states and treats influencers and affiliates as “traders” when they act for purposes relating to their business.
The two key provisions
- Article 7(2) — a practice is misleading if it fails to identify its commercial intent (where not already apparent from context) and this is likely to cause the consumer to take a decision they would not otherwise have taken.
- Annex I, point 11 — using editorial content to promote a product where the trader has paid, without making that clear (“advertorial”), is banned in all circumstances. This is a per-se prohibition, requiring no case-by-case assessment.
Blacklisted means automatic
Practices on the UCPD’s Annex I “blacklist” are prohibited outright. Undisclosed paid editorial content is on that list, so a regulator does not need to prove consumer harm case by case — the practice is banned per se.
How it applies to affiliates
An affiliate promoting products for commission is acting as a trader with commercial intent. If that intent is not obvious from context — and on an independent-looking blog or social account it is not — the affiliate must make it clear. Undisclosed affiliate content is exactly the kind of hidden commercial communication the UCPD targets.
The Commission’s guidance
The European Commission’s Influencer Legal Hub, launched in October 2023, confirms that the UCPD, the Consumer Rights Directive, the Digital Services Act, and the General Product Safety Regulation all apply to influencers, and that all commercial content — brand partnerships, affiliate marketing, and own-product sales — must be clearly disclosed.
The UCPD was strengthened by the Omnibus Directive, which added specific rules on paid rankings and fake reviews. See also the Digital Services Act.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.