Advertising law and regulation

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

Advertising law and regulation

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: Planning a print marketing campaign—checklist.

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 that their print advertising

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DBT consults on draft Technology Transfer Agreements Block Exemption Order

The Department for Business and Trade (DBT) has launched a consultation, seeking views on the draft Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026. The consultation follows the Secretary of State for Business and Trade’s acceptance of a recommendation from the Competition and Markets Authority (CMA)’s to make an order under section 6 of the Competition Act 1998 to exempt certain technology transfer agreements from the CA 1998, Ch I prohibition on anti-competitive agreements. The Order will replace the assimilated Regulation (EU) No 316/2014 (Technology Transfer Block Exemption Regulation (TTBER)), derived from EU law and set to expire on 30 April 2026. It will largely maintain the existing exemption regime while introducing limited changes, intended to ensure businesses are not prevented from entering into agreements the CMA considers benign or beneficial. The consultation closes on 9 February 2026.

MHCLG publishes standard contractual terms for Mid-Tier and Low-Value procurements

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The Department of Health and Social Care (DHSC) has announced new restrictions on junk food advertising aimed at children, including a ban on television adverts for less healthy food and drink before 9 p.m. and a complete prohibition on paid online advertising. The measures are expected to remove up to 7.2 billion calories from children’s diets each year, prevent around 20,000 cases of childhood obesity and deliver approximately £2bn in health benefits over time.

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