Recent changes have meant that online marketing communications are now subject to more stringent regulation. If you conduct any online marketing, it is important that you understand these changes.
Until recently, online marketing was relatively loosely regulated. As on 1 March 2011, though, marketing messages and content under your business’s control must comply with something called the non-broadcast Committee of Advertising Practice (CAP) Code.
The CAP Code now applies to a wide range of online advertising and marketing materials. It applies to material regardless of whether or not you have paid for it. The material that comes under the scope of CAP now includes:
The CAP Code is a code of practice that governs non-broadcast advertisements, sales promotions and marketing communications. It is written by the Committee of Advertising Practice, and administered by the Advertising Standards Authority.
Broadly, the purpose of the Code is to ensure that statements made about products or services are accurate and not misleading. The Committee itself says that compliance with the Code should mean that “marketing communications are legal, decent, honest and truthful and consumer confidence is maintained.”
There are 21 separate sections of the Code. Some of the sections apply generally to all areas, while others apply to specific trades, products, or services.
It is very important that you read the full CAP Code in order to familiarise yourself with all of the rules that apply to you. We have compiled a list of some of the most important rules to which your online marketing must adhere – but you should remember that this list may not be exhaustive, particularly if you sell things like financial products, tobacco, food, or weight control products.
Some of the most important provisions of the Code include:
In the case of sales promotions:
Again, please note that this list is not exhaustive. You should read the CAP Code yourself in order to familiarise yourself with the rules that apply to your marketing communications.
In addition to the CAP Code, there is a range of other rules to which your online marketing communications must adhere. These include the Electronic Communications Act 2000 (which requires you, amongst other things, to get opt-in permission from recipients of email marketing communications unless they are customers, and to provide an opt-out link with every email), and the Distance Selling Regulations.
It is vitally important that you understand and comply with your responsibilities and obligations. If you are in any doubt, make sure that you seek independent legal advice – or contact the Advertising Standards Authority for one-on-one help.
We create this content for general information purposes and it should not be taken as advice. Always take professional advice. Read our full disclaimer
22 June 2020 • 9-minute read
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