Identifying advertising
Identifying advertising

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Identifying advertising
  • Introduction to the self-regulatory regime
  • What is the role of the CMA?
  • CAP Code rules on identifying advertising
  • Video on-demand
  • Misleading advertising
  • Advertisement features
  • Key CAP Code rules
  • What is an advertisement feature?
  • How should advertorials be labelled?
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

The rules applicable to advertising in the UK are found in both legislation and in self-regulatory industry codes of practice. A key principle is that advertising must be obviously identifiable as such.

This Practice Note considers the rules set out in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code) on identifying advertising and the various labels commonly used for this purpose. It provides an introduction to the self-regulatory regime and considers specific guidance on the application of the CAP Code rules in the context of:

  1. advertisement features

  2. native advertising

  3. affiliate marketing

  4. social media advertising

  5. influencer advertising

  6. vloggers

  7. reviews, testimonials and endorsements, and

  8. direct marketing

It is important to keep in mind that there will be some cross-over between the specific guidance provided. For example, influencer advertising often consists of advertisement

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