Marketinglaw Update | October 2017

Welcome to your update from, with the usual eclectic mix of marcomms law and regulatory developments. This month’s coverage includes amongst other things a rare tobacco advertising case, a slew of ASA cases on affiliate marketing and a taste of the future with a blockchain-enabled loyalty scheme from Burger King.

We hope you find these updates useful. Please feel free to get in touch if you’d like to follow up with us on anything.

Latest news

Advertising Regulation [UK] Information Commissioner’s Office consults on its GDPR guidance: contracts and liabilities between controllers and processors ICO issues draft guidance on contractual requirements and liabilities under the GDPR, but how useful is it? Peter Barratt reports.

Advertising Regulation [UK] House of Lords conducting enquiry into the UK advertising industry The House of Lords Communications Committee has launched an enquiry on the advertising industry, including a look at the regulation of digital marketing. Jude King reports.

Advertising Regulation [UK] Dynamic pricing in travel ads ASA publishes an opinion piece on savings claims and dynamic pricing in holiday adverts. Daisy Jones reports.

Advertising Regulation [FR] New opportunities for French television advertising With the aim of rebalancing regulatory constraints as between internet and TV ads, and with the aim of developing competitiveness of the TV advertising market, the French Ministry of Culture and Communication launched a public consultation with the intention of simplifying French regulation of TV advertising (law n° 86-1067 and decree n° 92-280).  Claire Bouchenard reports.

Advertising Regulation [FR] Tobacco manufacturers are not persona non grata at French’s sport events Three tobacco manufacturers that signed public relations services agreements with the French Tennis Federation (Fédération Française de Tennis, FFT), within the context of the French Tennis Open Roland-Garros, were sued by the National Committee against Smoking (Comité national contre le tabagisme, CNCT). The French Court of Cassation found the manufacturers not liable of illicit tobacco advertising. Claire Bouchenard reports.

Advertising Regulation [FR] The so-called “Youtube” tax is now effective in France The European Commission gave the green light to a tax enacted in the French Finance Act for 2017, extending the French tax regime to foreign streaming services and video-sharing websites that distribute content in France without having a registered company or branch there. Benoît Menez reports.

Advertising Regulation [UK] Is Burger King crypto-currency promotion a sign of things to come? The burger chain’s WhopperCoin brings promotional marketing into the blockchain era. Stefania Grosso reports.

Advertising Regulation [UK] ASA clamps down on affiliate gambling advertising Trailer wording: Affiliate marketing in the gambling industry has come under the ASA’s spotlight as several gambling operators are called up for rogue advertorials. Ben Dunham reports.

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