Related insights: Advertising and Marketing Regulation
Greenwashing crackdown gathers pace with potentially significant fines on the horizon
04 May 2023
Companies that use misleading environmental claims could face fines of up to tens of millions of pounds under proposals to strengthen the enforcement of consumer laws.
The Digital Markets, Competition and Consumer Bill was finally published on 25 April 2023 and could become law later this year. The Bill proposes a raft of reforms to strengthen the enforcement of consumer protection laws by, for example, handing the Competition and Markets Authority (CMA) the ability to decide when consumer law has been infringed and to then directly fine companies up to 10% of their global turnover. This would replace going through a court process that can take years.
The Digital Markets, Competition and Consumer Bill was finally published on 25 April 2023 and could become law later this year. The Bill proposes a raft of reforms to strengthen the enforcement of consumer protection laws by, for example, handing the Competition and Markets Authority (CMA) the ability to decide when consumer law has been infringed and to then directly fine companies up to 10% of their global turnover. This would replace going through a court process that can take years.
Tribunal considers lawfulness of Experian's direct marketing operations
06 Mar 2023
In a recent case, Experian Limited v the ICO [2023] UKFTT 00132 (GRC), the First-Tier Tribunal (Information Rights) provided useful judicial commentary for data controllers in relation to the appropriateness of using "legitimate interests" as a lawful basis for direct marketing purposes, what constitutes sufficient transparency of processing, and the application of Article 14 of the GDPR.
ASA rules on ad for "pre-approved" credit
22 May 2020
The Advertising Standards Authority ("ASA") has published its ruling on a TV ad for Clear Score Technology Ltd ("ClearScore"), confirming its decision to ban the ad by the financial technology company after finding that it breached the UK Code of Broadcast Advertising ("BCAP Code") rule 14.11.
COVID-19: the response of consumer protection regulators and the impact on non-COVID-19 regulatory enforcement
03 Apr 2020
Following the Chancellor, Rishi Sunak's announcement on 17 March, when he challenged Ministers and business to identify opportunities to support the most affected industries, including possible ‘regulatory forbearance’, consumer protection and other regulators have been steadily adjusting their responses to more routine, BAU, regulatory enforcement issues. This reflects the need to ensure that their now even more stretched resources have the most impact and tackle the most serious pandemic-related consumer protection issues arising at this time. This article looks at the most recent stated approaches of some of the regulators, the Competition & Markets Authority (CMA), Advertising Standards Authority (ASA) and Trading Standards.
CMA's role in consumer protection law enforcement during the Brexit transition period – what, if anything, changes?
06 Mar 2020
While trade negotiations between the EU and UK are now underway, the role of the Competition and Markets Authority (CMA) during the Transition Period has been outlined in the CMA's Guidance published in late January. The Guidance explains how the UK's exit from the EU affects its powers and processes in competition law, merger control and consumer protection law enforcement during the Transition Period. This Period is currently set to expire at 11pm UK time on 31 December 2020. This article deals solely with the position as regards consumer protection law enforcement.
The importance of the smaller details – how to run prize draws and competitions in the right way
06 Feb 2020
When you launch a prize draw or competition (whether this is on your website, via social media or by any other means), how much thought goes into the terms that apply or the laws governing these promotions? Do you check the finer details or are you focused more on the opportunity to increase sales or gain a greater marketing list by your latest in-store promotion? The rules surrounding competitions can often be forgotten about, but a recent ruling by the UK's advertising watchdog reminds us how important they are
Political messaging on social media
31 Oct 2019
On 30 October Twitter announced a ban on political advertising, with a statement that "a political message reach should be earned, not bought". Twitter's position contrasts with Facebook's exemption of politicians' adverts from fact-checking and from a policy that bans false statements from paid advertisements. Neither position fully addresses legitimate concerns about the potential uses of social media to influence or even manipulate voting behaviour and election results.
No big surprises as first ASA rulings on harmful gender stereotyping published
15 Aug 2019
The new rules prohibiting advertisements from including gender stereotypes likely to cause harm or serious or widespread offence came into effect on 14 June 2019, after a 6 month lead-in period. It applies to both broadcast and non-broadcast ads, and has been introduced as BCAP Code Rule 4.14 and CAP Code 4.9 respectively. The ASA has not been slow to take action on this issue, having just (14 August 2019) published rulings on three ads, two of which were viewed on the very day the Rules came into effect.
Gender stereotyping in advertising
14 Aug 2019
Regulatory consultant, Nicky Strong, comments on ASA’s recent rulings on gender stereotypes in advertising for Mondelez UK Ltd and Volkswagen Group UK Ltd.
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