Kuwait has enacted a Digital Commerce Law that requires businesses using influencers to retain all records and agreements tied to those partnerships for a minimum of five years and to route influencer payments through verifiable methods compliant with anti-money-laundering standards and Central Bank regulations. Decree-Law No. 10 of 2026 was published in the Kuwait Official Gazette on March 1, 2026, and its Article 23 governs commercial arrangements between businesses and influencers directly.
The provision does not restrict Influencer Marketing itself. It converts what has typically operated as an informal arrangement between a creator and a brand into a documented, traceable commercial activity subject to government inspection. Businesses must produce influencer records and agreements to the Ministry of Commerce and Industry upon request, and the law separately prohibits engaging influencers in campaigns designed to deceive consumers or circumvent financial regulations.
Influencer Marketing sits inside a broader regulatory structure. Article 2 brings any commercial activity conducted through electronic means, including social media platforms used for business purposes, within the law’s scope, and Article 3 requires registration with the Ministry before engaging in digital commerce. General advertising rules under Article 18 require ads to disclose a provider’s name and pricing, with an exception for advertisements run through registered social media accounts that link to the provider’s official profile. Article 19 separately bars false, misleading, or deceptive advertising content.
Enforcement carries direct consequences. Article 39 sets penalties of up to one year imprisonment and/or fines between KD 1,000 (~$3.2k) and KD 10,000 (~$32.4k) for violations tied to Article 23 alongside several other provisions, with repeat offenses doubling the penalty. Article 41 extends liability beyond the corporate entity to the individual responsible for managing it where that person knew of the violation and their failure to perform their duties contributed to it, or where they benefited from it personally.
The Times Kuwait has reported that the law reframes the influencer-brand relationship as part of the country’s regulated digital economy rather than a private commercial matter, noting that paid promotion must be treated as advertising regardless of whether the content reads as a personal recommendation. The outlet also noted a separate media regulation framework under development that addresses professional digital publishing more broadly, distinct from the Digital Commerce Law’s influencer-specific provisions.
Kuwait’s Ministry has one year from the law’s March 1 publication date to issue implementing regulations, and the law itself takes effect one month after those regulations are published, leaving the enforcement timeline undetermined for now. The underlying obligations, including the five-year recordkeeping requirement and payment traceability standards, are already defined in the statute itself.
Dragomir is a Serbian freelance blog writer and translator. He is passionate about covering insightful stories and exploring topics such as influencer marketing, the creator economy, technology, business, and cyber fraud.
Kuwait has enacted a Digital Commerce Law that requires businesses using influencers to retain all records and agreements tied to those partnerships for a minimum of five years and to route influencer payments through verifiable methods compliant with anti-money-laundering standards and Central Bank regulations. Decree-Law No. 10 of 2026 was published in the Kuwait Official Gazette on March 1, 2026, and its Article 23 governs commercial arrangements between businesses and influencers directly.
The provision does not restrict Influencer Marketing itself. It converts what has typically operated as an informal arrangement between a creator and a brand into a documented, traceable commercial activity subject to government inspection. Businesses must produce influencer records and agreements to the Ministry of Commerce and Industry upon request, and the law separately prohibits engaging influencers in campaigns designed to deceive consumers or circumvent financial regulations.
Influencer Marketing sits inside a broader regulatory structure. Article 2 brings any commercial activity conducted through electronic means, including social media platforms used for business purposes, within the law’s scope, and Article 3 requires registration with the Ministry before engaging in digital commerce. General advertising rules under Article 18 require ads to disclose a provider’s name and pricing, with an exception for advertisements run through registered social media accounts that link to the provider’s official profile. Article 19 separately bars false, misleading, or deceptive advertising content.
Enforcement carries direct consequences. Article 39 sets penalties of up to one year imprisonment and/or fines between KD 1,000 (~$3.2k) and KD 10,000 (~$32.4k) for violations tied to Article 23 alongside several other provisions, with repeat offenses doubling the penalty. Article 41 extends liability beyond the corporate entity to the individual responsible for managing it where that person knew of the violation and their failure to perform their duties contributed to it, or where they benefited from it personally.
The Times Kuwait has reported that the law reframes the influencer-brand relationship as part of the country’s regulated digital economy rather than a private commercial matter, noting that paid promotion must be treated as advertising regardless of whether the content reads as a personal recommendation. The outlet also noted a separate media regulation framework under development that addresses professional digital publishing more broadly, distinct from the Digital Commerce Law’s influencer-specific provisions.
Kuwait’s Ministry has one year from the law’s March 1 publication date to issue implementing regulations, and the law itself takes effect one month after those regulations are published, leaving the enforcement timeline undetermined for now. The underlying obligations, including the five-year recordkeeping requirement and payment traceability standards, are already defined in the statute itself.
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