Influencer Agreement (Hong Kong)

An Influencer Agreement in Hong Kong records the terms the parties accept and the commitments each makes to the other.

Hong Kong has one of the highest social media penetration rates in Asia, with platforms including Instagram, TikTok, YouTube, Facebook, Xiaohongshu (Little Red Book), and WeChat widely used by both local and Mainland Chinese audiences. Hong Kong's influencer market spans lifestyle, beauty, fashion, food and beverage, travel, luxury goods, technology, and financial services — with particular growth in fintech, virtual asset, and health and wellness categories. The city's bilingual (Cantonese and English) cultural environment means influencers often create content in multiple languages targeting both local and Greater Bay Area audiences. The Hong Kong Customs and Excise Department enforces the Trade Descriptions Ordinance (Cap. 362) and investigates complaints about misleading commercial practices, including undisclosed paid promotions. The Hong Kong Communications Authority regulates broadcasting under the Broadcasting Ordinance (Cap. 562) and publishes advertising standards that inform influencer disclosure expectations. The Hong Kong Securities and Futures Commission regulates investment product marketing under the Securities and Futures Ordinance (Cap. 571).

The Trade Descriptions Ordinance (Cap. 362), enforced by the Customs and Excise Department, prohibits false trade descriptions on goods and services and misleading omissions in commercial practices. An undisclosed paid promotion — where an influencer presents sponsored content as organic personal opinion without any disclosure of the commercial relationship — may constitute a misleading omission under Cap. 362, exposing both the brand and the influencer to potential criminal liability. While Hong Kong does not have a dedicated influencer marketing code equivalent to the UK ASA's CAP Code or Singapore's ASAS guidelines, the underlying principle of advertising transparency is enforced through Cap. 362.

For financial products — investment products, insurance policies, mandatory provident fund schemes, and virtual asset services — the Securities and Futures Commission (SFC) imposes strict regulatory requirements under the Securities and Futures Ordinance (Cap. 571). Influencers promoting SFC-regulated investment products or services without holding the relevant Type 1 (dealing in securities), Type 4 (advising on securities), or Type 9 (asset management) licence issued by the SFC risk committing criminal offences under Cap. 571. Insurance product promotions are regulated by the Insurance Authority under the Insurance Ordinance (Cap. 41). Influencers in the financial services and virtual asset space must take particular care to comply with regulatory requirements before accepting brand partnerships in this sector.

Copyright in influencer-created content — photographs, videos, written captions, graphics — vests in the influencer as the creator under Section 13 of the Copyright Ordinance (Cap. 528), unless expressly assigned in writing under Section 90 of Cap. 528. Brands that wish to reuse influencer content in their own paid advertising, website, or out-of-home campaigns must obtain an express written licence or assignment of copyright under Cap. 528. Without this, even a brand that commissioned and paid for the content cannot legally repurpose it beyond the originally agreed publication context.

The Personal Data (Privacy) Ordinance (Cap. 486) applies when brands or influencers collect personal data about consumers through campaign activities — competitions, giveaways, DM campaigns, or email collection. Data collected must be used only for the specified purpose, stored securely, and not transferred to third parties without consent. The Office of the Privacy Commissioner for Personal Data (PCPD) enforces PDPO (Cap. 486) in Hong Kong.

An Influencer Agreement in Hong Kong is required whenever a brand, agency, or organisation engages a social media influencer or content creator for a commercial collaboration involving any form of payment, gifting with content expectation, or brand representation.

Single-post sponsored campaigns — even a single Instagram post, TikTok video, or YouTube integration — create a commercial relationship that should be documented in writing. An Influencer Agreement for a single-post campaign documents the deliverable, the required Cap. 362 disclosure label, the content approval process, the fee in HKD, and the IP licence for the brand to repost the content on its own channels.

Brand ambassador programmes — long-term exclusive or semi-exclusive relationships where an influencer represents a brand across multiple campaigns over months or years — require a detailed Influencer Agreement addressing exclusivity provisions, the range of deliverables per month or quarter, IP licensing rights for the ambassador's content across all the brand's marketing channels, and the premium fee structure for exclusivity restrictions.

Product launch campaigns coordinating simultaneous posts from multiple influencers across Instagram, TikTok, and YouTube require individual Influencer Agreements with each participating creator, incorporating a coordinated embargo date (pre-launch confidentiality period), aligned disclosure language, and a consistent content brief — while allowing each influencer's individual creative voice within the agreed parameters.

Event appearance and experiential campaigns where the influencer attends a store opening, brand event, or product experience in Hong Kong — and creates real-time content during or after the event — require an Influencer Agreement specifying the event attendance obligations, content creation requirements during the event, publication timing, and any exclusivity restricting the influencer from attending competing events in the same period.

User-generated content (UGC) licensing arrangements — where a brand wishes to licence content created organically by Hong Kong consumers or micro-influencers for use in the brand's paid advertising — require a UGC Licence Agreement documenting the licence grant under Cap. 528, the permitted uses of the UGC, the licensing fee, and PDPO (Cap. 486) compliance for any personal data contained in the content.

Financial services and virtual asset brands engaging influencers for awareness campaigns must confirm the Influencer Agreement includes strong compliance provisions requiring the influencer to comply with Hong Kong Securities and Futures Commission guidelines under Cap. 571, the Hong Kong Insurance Authority requirements under Cap. 41, and the Hong Kong Monetary Authority guidance on digital payment promotions, and prohibiting the influencer from making unlicensed investment recommendations. The Hong Kong Office of the Privacy Commissioner for Personal Data enforces Cap. 486 in relation to personal data collected through influencer campaigns, competitions, and giveaways.

A Hong Kong Influencer Agreement must address the following key elements to protect both the brand and the influencer and to confirm legal compliance.

Parties: Full legal names, HKID numbers or Companies Registry registration numbers, and addresses of the brand (or agency) and the influencer. The influencer's primary platform handles, follower counts (at time of signing), and a list of all platforms covered by the agreement. If the influencer operates through a management company or talent agency, confirmation of the party signing the agreement and their authority.

Campaign brief and deliverables: Precise specification of every content deliverable — for example: 2 Instagram feed posts (minimum 5 images, minimum caption 100 words), 5 Instagram Stories (with 'Link in Bio' call-to-action), 1 Instagram Reel (minimum 60 seconds), 1 TikTok video (minimum 90 seconds), 1 YouTube integration (minimum 3 minutes of dedicated content within a longer video). Posting schedule, time-of-day guidance, and the requirement for the influencer to keep content live for a minimum period (typically 90 days or permanently).

Content requirements and brand guidelines: Key brand messages the influencer must incorporate; required hashtags, brand handles, and product tags; content quality standards (minimum resolution, lighting, audio quality); any content restrictions (prohibited competitor mentions, restricted topics, prohibited claims); and the requirement to use the required Cap. 362 disclosure label prominently at the beginning of the caption or early in video content.

Disclosure obligations under Cap. 362: The mandatory disclosure label — '#Ad', '#Sponsored', '#Paid', or 'Paid Partnership with [Brand Name]' — to be displayed at the beginning of the post caption or within the first 3 seconds of video content. The influencer's representation that all sponsored content will be clearly and prominently disclosed as advertising in compliance with the Trade Descriptions Ordinance (Cap. 362). For Instagram, use of the 'Paid Partnership' label in the platform's native disclosure tool.

Content approval process: The influencer's obligation to submit draft content (script, storyboard, or draft post) for brand review a minimum number of business days before the posting date; the brand's review period (typically 48–72 hours); the number of permitted revision rounds (typically two); a deemed approval mechanism if the brand fails to respond within the review period; and the principle that brand revision requests must not unreasonably compromise the influencer's authentic voice.

IP rights under Cap. 528: An express licence grant from the influencer to the brand covering: permitted uses (brand social media channels, paid social media advertising, brand website, email marketing, out-of-home advertising); licensed territory (Hong Kong, Asia-Pacific, global); duration (campaign period, 12 months, or perpetuity); right to modify and adapt content; and a waiver of moral rights under Cap. 528. The licence grant should be in writing, signed by the influencer, as required by Cap. 528 for exclusive licences.

Exclusivity: Competitor exclusivity period and category (preventing the influencer from promoting directly competing products or brands in the same specific product category for the campaign period plus a defined post-campaign period, typically 30–60 days); platform-specific exclusivity (if applicable); and the premium fee payable for any exclusivity restrictions.

Payment terms in HKD (no GST): Total campaign fee or per-deliverable fee in HKD; payment schedule (deposit on signing, balance on delivery of all content, or milestone payments); invoicing process; payment period (typically 30 days from approved invoice); and late payment provisions. Influencers who generate Profits Tax assessable profits exceeding the relevant threshold under the Inland Revenue Ordinance (Cap. 112) must declare this income to the Inland Revenue Department (IRD).

PDPO compliance: Obligations on both parties regarding personal data collected in campaign activities — competitions, giveaways, follower surveys — in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) and the guidance of the Hong Kong Office of the Privacy Commissioner for Personal Data (PCPD). The Hong Kong Inland Revenue Department requires influencers earning assessable profits to declare income under the Inland Revenue Ordinance (Cap. 112). The Hong Kong Business Registration Office requires influencers operating as a business to hold a valid business registration certificate under Cap. 310.

Financial services compliance: For campaigns promoting financial products, a representation by the influencer that they will not make unlicensed investment recommendations under Cap. 571, will not promote unregistered collective investment schemes, and will include all regulatory-required risk disclosures in the content.

Termination: Grounds for immediate termination (breach of disclosure obligations, reputational harm, criminal conviction); payment for content delivered and approved prior to termination; and obligation to remove content from all platforms upon termination.

Dispute resolution: Governing law of the Hong Kong Special Administrative Region. Disputes may be referred to the Hong Kong International Arbitration Centre (HKIAC) for confidential resolution, or to the District Court of Hong Kong for smaller monetary claims. The Hong Kong Mediation Council provides mediation services as a cost-effective alternative to litigation for influencer fee disputes. The Hong Kong Trade Development Council publishes guidance on digital marketing agreements relevant to cross-border influencer campaigns. Forms-legal.com recommends all Hong Kong influencer arrangements be documented under a written Influencer Agreement before any content is created or published.