Advertising law and regulation

This subtopic deals with the law and regulation governing advertising and marketing activities generally and sector advertising.

The rules applicable to advertising in the UK are found in both legislation and in self-regulatory industry codes of practice. Practice Note: Advertising law and regulation introduces the laws and regulations governing advertising. It gives an overview of the self-regulation of non-broadcast and broadcast advertising in the UK (under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code) respectively), the impact of intellectual property rights (copyright, trade marks and passing off) for advertising, consumer and business protection regulations, and data protection and privacy. It also covers direct marketing, sales promotions, ambush marketing, sector adverting and future developments.

For the main legal and regulatory issues to consider when planning and approving a print advertising campaign, see Practice Note: Planning a print advertising campaign—issues to consider.

See also: Advertising copy approval—checklist, which sets out the key issues for consideration when approving advertising copy. It aims to help advertisers and their legal advisers ensure

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Commercial News

CMA publishes MoUs for digital markets regulatory coordination

The Competition and Markets Authority (CMA) has published four memoranda of understanding (MoUs) to formalise regulatory coordination with key UK authorities under the Digital Markets Competition Regime. The MoUs involve the ICO, the Bank of England and PRA, the FCA, and Ofcom. They outline collaboration frameworks for enforcing the Digital Markets Competition Regime and addressing shared responsibilities in overseeing digital markets, ensuring coherent approaches to regulation and compliance.

Commercial weekly highlights—19 December 2024

This week's edition of Commercial weekly highlights includes: analysis of the decision in Grain Communications v Shepherd Groundworks which considered whether an employer’s decision to postpone works was a valid exercise of its right to instruct variations or a breach of contract, announcement of the publication of the decision in Sea Consortium PTE Ltd (trading as X-Press Feeders) v Bengal Tiger Line PTE Ltd which considered whether slot charterers fell within the definition of ‘charterer’ in Article 1(2) of the Convention on Limitation of Liability for Maritime Claims 1976, and news that the Advertising Standards Authority has published its latest rulings.

The rise of dupe culture—the challenges for brand owners

IP analysis: Dupe culture is reshaping consumer behaviour, creating both challenges and opportunities for brands. By embracing innovation and engaging with consumers, brands can leverage this trend to strengthen their market position. In the face of growing demand for alternatives, the key lies in demonstrating why genuine products are worth the investment, whether through superior quality, ethical practices, or unmatched durability. Forward-thinking brands that adapt to this evolving landscape will not only withstand the rise of dupes but can thrive because of it. Written by Mark Kramer, partner, and Autumn Gibson, associate, at Potter Clarkson.

GCF introduces new Procurement Specific Questionnaire

The Government Commercial Function (GCF) has unveiled a new Procurement Specific Questionnaire as part of its Procurement Pathway service. This questionnaire is designed to replace the Standard Selection Questionnaire previously used under the Public Contracts Regulations 2015 (PCR). The new tool aims to streamline the procurement process by enabling contracting authorities to obtain core supplier information from a central digital platform, along with additional exclusions, debarment information, and details relating to conditions of participation. The questionnaire is applicable across various stages of the procurement process, including business need definition, finalising and publishing procurement packs, supplier engagement, selection and clarification and due diligence. This development represents a significant update to the UK's procurement procedures, potentially simplifying and enhancing the efficiency of the supplier selection process.