Consumer standard terms and conditions—the advertising and marketing context
Consumer standard terms and conditions—the advertising and marketing context

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Consumer standard terms and conditions—the advertising and marketing context
  • Advertising regulation
  • Extent of the CAP Code
  • Guidance
  • Guidance from the Competition and Markets Authority (CMA)

This Practice Note sets out the advertising and marketing context, as opposed to pure legal framework, when drafting consumer standard terms and conditions which are subject to the Consumer Rights Act 2015 (in the context of non-broadcast advertising). It considers the advertising and marketing framework in which the terms and conditions operate and how lawyers can add value to them.

For more information on advertising generally, see: Advertising law and regulation—overview.

For more information on terms and conditions generally, see Practice Notes:

  1. Pros and cons of standard terms and conditions

  2. Standard terms and conditions—incorporation

  3. Key terms and conditions in contracts

For our suite of template business-to-consumer (B2C) contracts and drafting tips, see ‘Drafting contracts with consumers’ in: Consumer protection contractual relationships—overview and Drafting consumer contracts—checklist.

For information on the drafting of boilerplate clauses in B2C contracts, see Practice Notes: Boilerplate clauses in business-to-consumer contracts—general principles and Boilerplate clauses in business-to-consumer contracts—specific clauses.

Advertising regulation

The main source of regulation for non-broadcast advertising is the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), created, revised and enforced by the Committee of Advertising Practice (CAP) and endorsed and administered by the Advertising Standards Authority (ASA).

CAP is a self-regulatory body made up of various industry groups. The CAP Code operates along