How the Digital Commerce Law Affects Digital Advertising
Digital advertising in Kuwait represents a significant portion of marketing spend — from Google and Meta ads to sponsored content on Instagram and Snapchat. Decree-Law No. 10 of 2026 establishes a new framework for this field.
Who Is Affected?
| Category | Examples | Impact Level |
|---|---|---|
| Advertising companies | Brands advertising on Google, Facebook, TikTok | High |
| Ad agencies | Agencies managing digital campaigns | High |
| Influencers | Instagram, Snapchat, and TikTok accounts | High |
| Local platforms | Luulwa, OpenSooq, etc. | Medium |
| Individual sellers | Those advertising their products | Low-Medium |
New Rules for Digital Advertising
1. Advertising Must Be Truthful
| Practice | Allowed? |
|---|---|
| Stating real product specifications | ✅ |
| Showing real photos | ✅ |
| Stating inclusive pricing | ✅ |
| Showing real customer experiences | ✅ |
| Exaggerating benefits | ❌ |
| Misleading or heavily edited photos | ❌ |
| Hiding fees or conditions | ❌ |
| Claiming "best" or "cheapest" without evidence | ❌ |
2. Paid Content Disclosure
This point is critical for influencers and brands:
- All paid content must be clearly labeled as "Ad" or "Sponsored Content"
- Putting #ad at the end of a post is not enough — the disclosure must be clear
- Applies to: Instagram posts, Stories, Reels, Snaps, TikTok videos
3. Comparative Advertising
- Comparing your product to a competitor's is allowed only if truthful and verifiable
- Denigrating a competitor's product is not allowed
- Comparison criteria must be stated
4. Offers and Discounts in Ads
| Requirement | Explanation |
|---|---|
| Pre-discount price | Must be genuine — the price you actually sold at |
| Offer duration | If you state a duration, you must honor it |
| Available quantity | Don't advertise "while supplies last" if the quantity is fictitious |
| Offer conditions | All conditions must be clearly stated |
Special Impact on Influencers
Sponsored content on social media is under the new law's microscope:
What Influencers Must Do
- Disclose: Write "Ad" or "#Ad" or "#PaidPartnership" clearly
- Be honest: Don't promote a product you haven't tried or don't trust
- Be accurate: Product information must be truthful
- Document: Keep a contract with the brand specifying the type of content required
What Brands Must Do
- Clear contract: With the influencer specifying content type and required disclosures
- Review content: Before publishing to ensure accuracy
- No pressure: Don't ask influencers to make false claims
- Keep records: Maintain campaign and content records
Best Practices for Compliance
| Practice | Why It Matters |
|---|---|
| Review all active ads | Ensure no misleading claims |
| Create an internal ad guide | Clear standards for your team |
| Train your marketing team | On the new rules |
| Document everything | Influencer contracts, content approvals |
| Follow MOCI updates | To stay informed |
Legal note: This article is for educational purposes. Refer to the official decree text and executive regulations for specific obligations.
Also read: How to Advertise Products in Kuwait | Influencer Marketing Rules in Kuwait
