Law, tax and regulation

Advertising disclosure

Also called ad disclosure, affiliate disclosure, hidden advertising, reklameidentifikation.

Short answer

Advertising disclosure is the requirement – in Denmark set out in the Marketing Practices Act – that advertising must clearly appear as advertising. If you use affiliate links, your content is commercial and must be marked – in Denmark, for example, with the word “Reklame” (advertisement) – so the audience sees it before they meet the content.

Definition of Advertising disclosure.

Advertising disclosure means that commercial content must not be disguised as editorial content or a personal recommendation. In Denmark the requirement is in section 6(4) of the Marketing Practices Act: the commercial intent must be stated clearly. If you receive commission, payment or free products for covering something, the coverage is advertising – and the audience must be able to see that immediately, not only after a click or at the bottom of the text.

Affiliate links are covered by the disclosure rules, because the commission is a commercial agreement between you and the store. That applies whether or not you bought the product yourself, whether you mean every word of the review, and whether the link takes up a single line in the article. What decides it is the financial interest: if a click can turn into money, the content must be disclosed. If, on the other hand, you mention a product with no agreement, payment, commission or other financial interest in the sale, it is not advertising.

In Denmark, the Consumer Ombudsman supervises the rules and has published guidelines for influencers and others who market on social media. The recommendation is clear Danish words such as “Reklame” or “Annonce”, placed first – at the start of the post, video or article. Hidden advertising can be reported to the police and punished with a fine, and responsibility can fall on both the person covering the product and the store that pays.

How to disclose affiliate content correctly

The disclosure must be seen before or at the same time as the content itself. On a blog that means at the top of the article – for example “Advertisement: this article contains affiliate links” – not in a footnote. In a video it is mentioned at the start and written in the description. In a story each individual clip is marked, because the audience can land in the middle of the series.

Use words the audience understands. In Denmark, “Reklame” and “Annonce” are the safe choices. Wording such as “in collaboration with” without the word advertisement, or an #ad hidden among 20 hashtags, does not meet the requirement for clarity. The disclosure must be visible without expanding text and without clicking “read more”.

Disclosure applies per piece of content: every article, post and video with affiliate links must be marked. A single statement in the profile bio or on an “about” page does not cover it, because the audience meets the individual piece of content – not the whole profile.

How it goes wrong

  • 01

    The disclosure comes last

    A disclosure at the bottom of the article or behind a “read more” fold does not meet the requirement. The audience must know the commercial intent before they read – otherwise the advertising is hidden, even though the disclosure exists.

  • 02

    Own purchases do not feel like advertising

    A review of a product you paid for yourself must still be disclosed if the article contains affiliate links. The financial interest lies in the link, not in how the product was obtained.

  • 03

    Small profiles think they are exempt

    The Danish Marketing Practices Act has no minimum follower threshold. A hobby blog with 200 readers must disclose affiliate links under the same rules as a large media house.

Frequently asked questions

Do I have to write advertisement when I use affiliate links?

Yes. Affiliate links give you commission on sales, and the content therefore has commercial intent – in Denmark under the Marketing Practices Act. Disclose it clearly at the start of the content, for example with the word Reklame (advertisement), so the reader knows the interest before they click.

Is #ad or ad enough as a disclosure in Denmark?

It is uncertain. The Danish Consumer Ombudsman recommends clear Danish words such as Reklame or Annonce, placed so they are seen immediately. An English #ad hidden in a row of hashtags hardly meets the requirement for clarity towards a Danish audience.

Do the advertising disclosure rules also apply to small blogs and hobby profiles?

Yes. In Denmark the requirement applies to all commercial coverage regardless of size. If your site has affiliate links, they must be disclosed, even if you only have a few readers and earn modest amounts.

What is the penalty for hidden advertising?

In Denmark, the Consumer Ombudsman can report hidden advertising to the police, and breaches of the Marketing Practices Act can be punished with a fine. Responsibility can fall on both the affiliate who leaves out the disclosure and the advertiser behind the partnership.