Welcome to your update from ocmarketinglaw.com, containing the latest news and articles covering advertising and marketing law.
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Latest news
Marketing Techniques [UK] ICO promotes virtues of transparency in building customer trust Recent ICO enforcement action against two major charities highlights the importance the regulator places on transparency in building customer trust. What are the implications for other organisations aiming to unify customer privacy and business innovation? Jon Round reports at here.
Advertising Regulation [UK] Do intermediaries count as “sellers” for the purposes of consumer law when marketing products for private sellers? The ECJ gives its view. A dispute over a second-hand car in Belgium threw up some interesting issues for the European Court of Justice to consider about the role of intermediaries when being the go-between for private sellers. Thomas Spanyol reports the judgment at here.
Advertising Regulation [UK] Consultation on the sexual portrayal of under-18s in advertising CAP and BCAP close their consultation on new rules aimed at preventing the sexual portrayal of under-18s in advertising. Jude King reports at here.
Data & Privacy [UK] ICO fines insurance company £150,000 for failure to keep customers’ information safe Royal & Sun Alliance has been fined by the Information Commissioner’s Office following the theft of nearly 60,000 customers’ information. Peter Barratt reports at here.
Advertising Regulation [UK] Broadband not as fast as advertised? ASA is quick to call for a change… The ASA has considered a number of adjudications in relation to the advertising of broadband speed claims by providers. Amidst another such complaint, this time about JT Group Ltd.’s (“JT”) latest adverts, where JT claims to be “Guernsey’s fastest network”, the ASA has called for a change in the advertising of broadband speed claims. Rachael Oakley reports at here.
Data & Privacy [UK] Government makes it easier to bring action against nuisance callers Telephone Preference Service transfer from Ofcom to ICO. Daisy Jones reports at here.
Advertising Regulation [UK] ASA rules that untargeted Halloween-fest ads are irresponsible The public placement of billboard posters for the Frightmare Halloween Festival breached CAP Code rules on the socially responsible preparation of ads. Jamie Heatly reports at here.
Advertising Regulation [UK] CAP cracks down on HFSS food and drink ads Wave goodbye to your favourite characters featuring in junk food ads. CAP’s ban on the advertising of HFSS food and drinks to children begins in July 2017. Chloe Deng reports at here.
Marketing Techniques [UK] Vindication for No Man’s Sky There’s been vindication for Hello Games’ No Man’s Sky, as the ASA determine that the videos and screenshots on the game’s Steam page did not constitute misleading advertising. George Garrard reports at here.
Online Advertising [UK] CAP issues new guidance regarding auction guide prices which focuses the spotlight on non-optional fees Hidden fees are going, going, gone! Non-optional fees should no longer be a surprise where auctions are concerned. We take a look at the guidance issues by CAP where auction guide prices are concerned. Stefania Grosso reports at here.
Online Advertising [FR] French “Loi Sapin II”: the French Financial Markets Authority clarifies the extent of the prohibition of advertising of high risks financial contracts The French Financial Markets Authority recently specified the type of financial contracts falling within the category of “high risk financial instruments” with respect of which advertising is now prohibited under French law. Chloe Dumoulin-Richet and Isabelle do Rego report at here.
Advertising Regulation [FR] The rebirth of the French Public Authorities’ rights over their image properties A new French legislation provides that the commercial use of national estates’ images, on any media, shall be subject to a prior authorisation from the administrator of the relevant property complex. Claire Bouchenard and Julia Darcel report at here.
Online Advertising [FR] Advertising cookies and collection of prior consent in France: the CNIL clarifies the applicable liability regime and compliance timeframes The French data protection watchdog has provided details regarding liability of website editors and actors of the advertising sector for complying with the existing rules regarding users’ prior information and consent for advertising cookies. Chloe Dumoulin-Richet reports at here.
Advertising Regulation [FR] New French regulation adds requirements for retouched photographs France imposes new obligations on advertisers to fight against misrepresentation of females’ bodies. Claire Bouchenard and Julia Darcel report at here.
Advertising Regulation [UK] The long-awaited CTSI guide to pricing practices has introduced a step change in pricing considerations Well-known rules, such as the “28-days” rule for price establishment, have been replaced. Anna Williams and Katie Vickery assess the changes and new guidance at here.
Advertising Regulation [UK] The long-awaited CTSI guide to pricing practices has introduced a step change in pricing considerations Well-known rules, such as the “28-days” rule for price establishment, have been replaced. Anna Williams and Katie Vickery assess the changes and new guidance at here.
