Is affiliation legal? We answer without beating around the bush.
Earning through affiliation is tempting because it seems easy and safe. You post a link, someone buys, and you get a commission. Sounds great, but before you post your first link, it’s worth finding out if affiliation is legal, what its settlement looks like, and what your duties are as an affiliate. Because if you think it’s enough to forget about labels and taxes, you might quickly realize that ignorance costs more than many unsuccessful campaigns.
What does the law say? Is affiliation legal and how does it work in Poland?
Let’s start with the fact that whether affiliation is legal in Poland is one of the most frequently asked questions by people who want to start earning online. The answer is simple: yes, affiliation is entirely legal, but only if you conduct it in compliance with regulations. In Poland, affiliate activity is based on several legal pillars that you need to know if you want to sleep peacefully and not risk penalties from the Office of Competition and Consumer Protection (UOKiK) or the Tax Office.
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The Civil Code regulates the legal foundations of affiliate cooperation, so if you sign a contract with an affiliate network or brand, it should be clear and contain transparent principles of cooperation, responsibility, and settlements. Additionally, there is the Act on Combating Unfair Competition, which protects the market from misleading consumers, which in affiliation can happen faster than you think. It’s worth knowing that promoting illegal products, such as certain medications, unlicensed online casinos, or prohibited substances, can expose you to criminal liability.
If you’re wondering how to start acting so that the legality of affiliation is not just a slogan, but a real state of your activity, remember that you must ensure transparency, clear labeling of collaborations, and compliance with data protection regulations. Otherwise, even the best sales strategy can turn against you.
GDPR, personal data, and affiliation – how not to hit a mine when processing data?
It is often forgotten that affiliation also involves processing personal data, and GDPR is not a topic that can be ignored if you want to act legally. Legality of affiliation in the context of GDPR means the necessity of obtaining explicit consent from users for data processing for marketing purposes, as well as fully informing them about the purposes of their processing, storage period, and entities to whom these data may be disclosed.
If you plan to collect emails to send newsletters with affiliate links or use analytical tools that track user behavior, you must implement a privacy policy compliant with GDPR and ensure data security. This is not a place for “it will somehow work out.” In case of an audit, you can be fined by the President of the Office for Personal Data Protection, and the amount of penalties can reach millions of zlotys in the case of large entities.
Legal affiliation – #Advertisement is a must – how to label affiliate collaborations so that UOKiK doesn’t knock on the door?
In the topic of whether affiliation is legal, the issue of labeling collaborations causes the most confusion. An affiliate link is a form of paid advertisement, even if the remuneration depends on a commission rather than a fixed fee. Therefore, if you insert affiliate links in posts on Instagram, YouTube, a blog, or TikTok, you are obliged to clearly label it.
UOKiK clearly indicates that labels must be readable, visible, and understandable for the recipient. The most popular forms are hashtags #advertisement, #advertisingmaterial, #advertisingcooperation, or information in the description of a video or post. Avoid using abbreviations or labels that are incomprehensible to the average user, because in the event of an audit, you bear responsibility, and penalties can amount to even 10% of the company’s turnover.
It’s worth being aware that transparency is not only a legal obligation but also a way to build credibility among recipients. Consumers trust creators who do not hide that they earn from recommended products more than those who try to conceal it. If you want to conduct affiliation without stress and fear of audits, use labels from day one.
What is forbidden to promote in affiliation? Prohibited products and legal restrictions
The topic of which products you can promote is as important as the question of the legality of affiliation. In Poland, there are a number of restrictions on what you can promote within affiliate programs. You cannot legally advertise online casinos without the appropriate licenses, firearms without permits, drugs, or any prohibited substances. It’s obvious, but it’s worth emphasizing because attempting to circumvent these regulations risks criminal liability.
Caution should also be exercised when promoting medical products – if you advertise supplements or medications, you must be aware that additional regulations apply, including the obligation to inform about side effects. Violating these regulations can result in heavy fines and problems with your account in affiliate programs, which also have their regulations limiting the promotion of such products.
Therefore, before you decide to promote a new product, always check if it complies with Polish law and the regulations of the affiliate program you are working with. Remember that in affiliation, not everything that looks like a good deal actually is if you consider the legal consequences.
Contracts, taxes, and control – how to conduct affiliation legally and sleep peacefully
It’s not enough to know that affiliation is legal if you don’t take care of its proper settlement and formalities. If you take affiliation seriously and generate regular income, you must remember that income from affiliation is subject to taxation. It can be settled depending on your situation as a business activity, other sources of income, or a lump-sum tax on recorded income with a rate of 8.5% up to the amount of 100,000 PLN annually.
It is also crucial that each affiliate cooperation is based on a clear contract or accepted terms of a partnership program, which will help you avoid misunderstandings and protect your rights in the event of disputes. A good contract should define the rules of participation, settlements, data protection, and the use of promotional materials. Lack of such documents may turn against you in the future, especially if the other party fails to meet their obligations.
If you want to conduct affiliation peacefully, treat it like a normal business – take care of contracts, regular settlements, labeling of collaborations, and compliance with GDPR. This is not only protection against penalties but also proof of a professional approach that builds your image in the eyes of partners and clients. Only then will the legality of affiliation actually work to your advantage.
Customer Service & Marketing Specialist at RefSpace, passionate about AI technology development and shopping psychology. She is responsible for customer service, collaboration with Creators and Suppliers, and application development. Her extensive experience as a Makeup Artist allows her to better understand the mechanisms of trust in recommended products and understand customer needs.
