Online advertising
Online advertising

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

  • Online advertising
  • Website advertising (banners and tile ads)
  • Search engine optimisation (SEO)
  • Social media advertising
  • Email advertising
  • Mobile advertising
  • Affiliate marketing
  • Content and native advertising
  • Online behavioural advertising
  • The regulatory and legislative framework
  • more

This Practice Note introduces common types of online advertising and marketing, and highlights relevant legal issues.

Online, digital, and social media (collectively referred to as ‘online’ for the purposes of this note) encompasses a diverse and constantly-growing array of different channels for delivering advertising and marketing materials. Each channel has unique advantages and disadvantages in terms of managing legal risks. Online technology can often work in favour of legal compliance by allowing greater control of advertising activity than traditional media. On the other hand, it is a fast-paced area with technological developments often pushing the boundaries of legislation.

This note covers the following:

  1. Website advertising (banners and tile ads)

  2. Search engine optimisation (SEO)

  3. Social media advertising

  4. Email advertising

  5. Mobile advertising

  6. Affiliate marketing

  7. Content and native advertising

  8. Online behavioural advertising

  9. Regulatory and legislative framework

  10. Consequences of non-compliance

For detailed guidance on specific topics mentioned in this note, see Practice Notes:

  1. Advertising law and regulation

  2. Direct marketing

  3. Online behavioural advertising

Website advertising (banners and tile ads)

Website-based advertising (also referred to as display advertising) is advertising that is hosted on a website or webpage. This type of advertising is usually located in specific areas of the webpage that have been designated for hosting advertising. It may also appear in pop-up form, where accessing the website triggers the opening of a new browser window, which contains