Who: The Committee of Advertising Practice (CAP) and the Advertising Standards Authority (ASA)
Where: United Kingdom
When: 29 January 2026
Law stated as at: 13 February 2026
What happened
CAP has published an article explaining the ASA’s remit in relation to cross-border ads.
CAP explains that the following ads will fall within the scope of the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code):
- Ads on a marketer’s own website with a “.uk” top-level domain.
- Non-paid-for marketing communications from, or by, marketers with a UK-registered company address.
- Paid-for marketing communications from, or by, marketers targeting consumers in the UK.
When considering what constitutes “targeting UK consumers”, marketers might consider the following factors (although this list is not exhaustive):
- Where an ad appears: if an ad appears on a website based in the UK, it is likely to be targeting a UK audience.
- The manner in which an ad is served: marketers should consider whether the ad has been targeted to a user based on their location.
- The ad’s content: marketers should ask themselves whether there is something about the content that targets UK consumers. Relevant indicators may include: using prices in pounds sterling, providing consumers with a UK telephone number or geographic address for support, inviting consumers to visit physical premises in the UK, referring to a product or service that is only available in the UK or the marketer being subject to regulation under UK regimes (for example, regulation by the Gambling Commission).
Where an ad falls outside the scope of the CAP Code, the ASA may refer it through the European Advertising Standards Alliance (EASA) cross-border complaints process, which coordinates such complaints between self-regulatory organisations across most EU member states and many non-European countries. If the ASA cannot refer a complaint through this process for any reason, it will consider taking what action it can if the ad specifically targets UK consumers.
The CAP Code applies to any direct marketing communications (including emails, mailings and text messages) sent from marketers within the UK. Where such a message is sent from abroad, it will fall within the jurisdiction of the relevant organisation in that country. Where a referral through EASA is not possible, the ASA will take such action as it can.
Why this matters This update will be particularly relevant to marketers developing cross-border campaigns. It provides a practical reminder of when online and direct marketing materials – including content on websites, social media, email campaigns and digital advertising purchased through global media buys – will be treated as “targeting” UK consumers and therefore must comply with the CAP Code.
