Are There Restrictions on Using User-Generated Content or Testimonials?
Why Reposting That Glowing Review Could Be a Legal Misstep Waiting to Happen
• 29 Sep 25
“If it’s not yours, you need permission. If it’s a testimonial, you need proof. That’s the rule.” - Matthew Glynn
Introduction
Using user-generated content and testimonials in your marketing may seem like a no-brainer - but if you’re doing it without permission or proper verification, you could be exposing your startup to serious legal risk. If you’re reposting, quoting, or embedding third-party content without a clear legal basis, you may already be breaching copyright, privacy, or advertising laws.
This issue may not apply to every startup - but if it does, and you’ve missed it, the consequences can be significant. UGC and testimonials are powerful tools for building trust and authenticity, but they’re also tightly regulated. What feels like harmless promotion can quickly become a legal liability.
In this blog, we’re going to flag up some key considerations to help you better prepare to tackle this issue - because prevention is always better than the cure.
Legal issues are important but easily overlooked, especially when founders are focused on the big launch or are otherwise caught up in the issue of the day - and in a startup, there’s always an “issue of the day”.
Optional Inclusion: What Is User-Generated Content and a Testimonial?
User-Generated Content (UGC) refers to any content - text, images, videos, reviews - created by individuals outside your organisation, typically customers or fans.
Testimonials are statements from customers or users that endorse your product or service, often used in marketing materials.
Both are third-party content. And that means you need to be careful about how you use them - especially when it comes to consent, accuracy, and context.
Why This Topic Is Important
This can be an important issue for start-ups because:
◼️Legal Requirement: Most jurisdictions require permission to use third-party content, even if it’s publicly posted.
◼️Copyright Risk: UGC is protected by copyright - reposting without consent may be infringement.
◼️Privacy Exposure: Testimonials may include personal data - triggering privacy law obligations.
◼️Consumer Protection: Misleading or cherry-picked testimonials can breach advertising standards.
◼️Platform Policies: Social platforms have rules about how UGC can be reused - violations can lead to takedowns.
◼️Reputational Risk: Misuse of customer content can damage trust and brand credibility.
◼️Global Reach: Different jurisdictions (e.g., Singapore, UK) have varying rules on consent and disclosure.
◼️Influencer Confusion: UGC from influencers may require disclosure as paid promotion.
◼️Investor Scrutiny: Use of third-party content is often reviewed during due diligence.
◼️Team Uncertainty: Marketing teams may assume public content is free to use - it’s not.
Q: Can startups repost customer reviews from social media?
A: Only with permission - even public posts are protected by copyright and may contain personal data.
Consequences of Not Addressing This Issue
The consequences of not attending to this issue may include the following:
Legal Implications
◼️Copyright Infringement: Using UGC without permission may breach copyright law.
◼️Privacy Violations: Testimonials containing personal data may trigger privacy law obligations (e.g., PDPA, GDPR).
◼️Misleading Advertising: Selective or unverifiable testimonials may breach advertising standards.
Commercial Implications
◼️Loss of Trust: Customers may feel exploited if their content is used without consent.
◼️Partner Fallout: Platforms or partners may distance themselves over compliance concerns.
◼️Marketing Restrictions: Social platforms may remove content or suspend accounts.
Operational Implications
◼️Campaign Disruption: Non-compliant content may be pulled mid-launch.
◼️Resource Drain: Legal remediation and PR recovery can consume time and budget.
◼️Team Paralysis: Uncertainty around UGC rules can stall creative marketing efforts.
Biz Valuation Issues
◼️Due Diligence Failures: Investors may flag UGC misuse as a compliance risk.
◼️Exit Risk: Acquirers may walk away from deals involving reputational exposure.
◼️Brand Devaluation: Public backlash over testimonial misuse can permanently damage brand equity.
The above lists are indicative issues - the relevance of which will depend on your circumstances including the nature of business undertaken by your start-up.
What You Need to Be Doing
We have identified quite a number of potential issues that the start-up needs to consider and below are some examples of the types of steps you might want to consider taking to address these issues considered above.
1. Get Explicit Permission
Always obtain written consent before using UGC or testimonials in your marketing.
This applies even if the content is publicly posted.
2. Use Rights Management Tools
Consider using platforms or tools that help manage UGC rights and permissions.
This streamlines compliance and protects your brand.
3. Verify Testimonials
Ensure testimonials are genuine, representative, and not misleading.
Avoid cherry-picking or editing that distorts the original message.
4. Disclose Paid Endorsements
If a testimonial comes from someone who received compensation or a free product, disclose it clearly.
This is required under advertising laws in Singapore and the UK.
5. Avoid Sensitive Data
Do not use testimonials that include personal health, financial, or location data without explicit consent.
This may trigger privacy law obligations.
6. Review Platform Policies
Check the terms of service for platforms like Instagram, TikTok, and YouTube before reposting content.
Violations can lead to takedowns or account bans.
7. Train Your Marketing Team
Educate your team on the legal boundaries of UGC and testimonial use.
Provide internal guidelines and approval workflows.
The above suggestions are just a few of the steps you can consider taking. There are many more things that need to be done to ensure the associated risks are effectively and pragmatically dealt with.
Q: Can I use a customer’s email feedback as a testimonial?
A: Only with their written permission - and only if the content is accurate and not misleading.
How These Risks Can Play Out
Case Study 1: The Instagram Misuse
A startup reposted customer photos from Instagram without permission. The users complained, and the platform issued a takedown. The startup lost its account for 30 days - disrupting its launch campaign.
Case Study 2: The Privacy Breach
A Singapore-based startup used a testimonial that included personal health data. The PDPA regulator investigated, and the startup was fined for failing to obtain proper consent.
Case Study 3: The ASA Warning
A UK startup used influencer testimonials without disclosing that the influencers had received free products. The ASA ruled the campaign misleading, and the startup was banned from running similar ads for six months.
Frequently Asked Questions
Q: Can I use public social media posts in my ads?
A: Not without permission - public visibility doesn’t waive copyright or privacy rights.
Q: Do I need to verify testimonials before publishing them?
A: Yes - testimonials must be truthful, representative, and not misleading.
Q: Is influencer content considered UGC?
A: Yes - but it may also be considered paid promotion, requiring disclosure.
Q: Can I edit a testimonial for clarity?
A: Only with the author’s consent - and never in a way that changes the meaning or tone.
Understanding the Legal Terminology
User-Generated Content (UGC): Content created by individuals outside your organisation - protected by copyright.
Testimonial: A statement endorsing your product or service - must be truthful and substantiated.
Copyright Infringement: Unauthorised use of protected content.
Privacy Violation: Use of personal data without consent.
Disclosure Obligation: Requirement to reveal paid relationships or incentives.
PDPA (Singapore): Personal Data Protection Act - governs use of personal data.
CAP Code (UK): Advertising code that regulates testimonials and endorsements.
How GLS Can Help You
By building your legal team capability on the GLS platform, you will be capable of:
◼️Rapidly assessing your UGC and testimonial compliance risks
◼️Accessing pre-built consent forms and disclosure templates
◼️Getting expert reviews of your marketing content before launch
◼️Training your team on copyright, privacy, and advertising law essentials
◼️Avoiding costly legal missteps before they happen
Final Thoughts
User-generated content and testimonials are powerful - but they’re not free to use. If you don’t have permission, you don’t have protection. The rules are clear, the risks are real, and the consequences can be costly. With the right legal infrastructure in place, your startup can market authentically, legally, and confidently.
Observations and Tips
- Obtain Proper Permissions: Secure clear rights before using customer reviews, photos, videos, or testimonials.
- Use Written Consent Mechanisms: Implement terms or release forms permitting marketing and promotional use.
- Verify Authenticity of Testimonials: Ensure testimonials reflect genuine experiences and are not misleading or fabricated.
- Disclose Material Connections: Clearly disclose incentives, sponsorships, or paid endorsements linked to testimonials.
- Respect Intellectual Property Rights: Do not reuse copyrighted user content without authorisation from the creator.
- Protect Privacy Rights: Avoid using identifiable personal information without valid consent.
- Moderate User Content Carefully: Monitor and remove unlawful, defamatory, or infringing user submissions promptly.
- Comply with Platform Rules: Follow social media and platform-specific policies governing reposting and endorsements.
- Address Minors’ Content Carefully: Obtain required parental or guardian consent before using content involving minors.
- Maintain Records of Consent: Retain proof of permissions, approvals, and content usage rights.
- Align with Advertising Laws: Ensure testimonials do not create deceptive or unsubstantiated marketing claims.
- Avoid Assumed Permission: Publicly posted content does not automatically permit commercial reuse.
- Prevent Reactive Content Management: Delayed compliance checks can trigger takedowns, disputes, and regulatory scrutiny.
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