Marketinglaw Update | September 2017

This month we have, amongst other things, two blog pieces on different aspects of the UK ASA’s approach on ad targeting and children. We also look at two areas – in-car tech and fibre broadband – where the UK regulator is grappling with technological developments.

On the other side of La Manche we report on new disclosure requirements for retouched photography in ads, as well as the latest competition law and data privacy developments.

And of course, between GDPR, the ePrivacy Regulation and everything else, no week seems to go by now without some new important data protection development. This month we look at a key industry paper on “legitimate interests” – a ground for data processing that’s looking more and more important for advertisers and ad tech providers.

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] ASA upholds complaint about pub marketing targeting children The ASA rules on Greene King’s approach to ‘family-friendly’ advertising. Sian Edmonds reports.

Advertising Regulation [UK] HFSS Rules and Guidance The new HFSS rules came into force on 1 July 2017 along with extensive guidance from CAP on both the rules themselves and targeting more generally. Jude King reports.

Advertising Regulation [FR] Update of simplified declaration NS-48 relating to clients and prospective client files The French Data Protection Authority (CNIL) published an updated version of its simplified filing declaration which amongst other things modifies the applicable retention policy. Data processors have to comply with this updated version as from 14 September 2017. Margaux Hammer reports.

Advertising Regulation [FR] French Competition Authority leaves antitrust question hanging over major Online Advertising players.  In spring of 2016, an inquiry into the online advertising sector was launched. The French Competition Authority’s annual report released on 3 July 2017 shows that the FCA’s intention may be to have a closer look at certain important players’ behaviour from a competition law standpoint.  Charles Meteaut reports.

Advertising Regulation [FR] “Retouched photographs” guidelines As from 1 October 2017, advertising messages will have to include a “retouched photographs” disclaimer when relevant. Margaux Hammer reports.

Advertising Regulation [UK] Shocking claims held compliant, as carefully crafted and well-substantiated ASA investigates pro-vegan and anti-abortion ad campaigns for compliance with the CAP Code. Daisy Jones reports.

Advertising Regulation [UK] Are ‘fibre’ broadband ads misleading? The ASA deepens its investigation. Marie-Claire Smith reports.

Advertising Regulation [UK] The Phone-paid Services Authority and the Competition and Markets Authority consult on approach to penalties and sanctions As one consultation finishes, another begins as the PSA and CMA look to clarify and enhance their approach to penalties and santions. Peter Barratt reports.

Advertising Regulation [UK] Fundraising Preference Service launches The much-anticipated Fundraising Preference Service launched in July. How can a request be made, which charities are subject to the service and what are the risks of non-compliance? Chloe Deng reports.

Advertising Regulation [UK] The ASA investigates ads featuring in-car tech Consumers have raised safety concerns over Citroen and BMW ad campaigns featuring the use of in-vehicle technology. In each case the ASA decided not to uphold the complaints. Jamie Heatly reports on the regulator’s view.

Data & Privacy [UK] GDPR and legitimate interests Data Protection Network publishes guidance on the use of legitimate interests.  The guidance covers a lot of ground; a 3-stage Legitimate Interests Assessment, transparency, and the right to object.  Georgina Graham reports.

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