188体育

All marketing and advertising must be:

• an accurate description of the product or service
• legal
• decent
• truthful
• honest
• socially responsible (not encouraging illegal, unsafe or anti-social behaviour)

There are regulations that restrict what advertisers can and cannot do.

As well as the regulations, there are 2 advertising codes of practice that you need to follow to help you advertise legally.

You must describe your product or service accurately.

Requirements for specific products

There are also specific requirements that apply to certain sectors, such as:

• food
• alcohol
• beauty products
• environmentally friendly products
• medicines
• tobacco

For example, you can only claim your drink is 鈥榣ow in alcohol鈥� if it contains between 0.5% and 1.2% alcohol by volume.

Data protection

If you鈥檙e gathering, storing or using information about customers or potential customers, you must also protect their data.

Advertising to consumers

The Consumer Protection from Unfair Trading Regulations mean you cannot mislead or harass consumers by, for example:

• including false or deceptive messages
• leaving out important information
• using aggressive sales techniques

Read 鈥楾he consumer protection from unfair trading regulations鈥� for the rules on advertising legally.

Advertising to businesses

Advertising to businesses is covered by the Business Protection from Misleading Marketing Regulations. As well as being accurate and honest, you must not make misleading comparisons with competitors, that includes:

• using a competitor鈥檚 logo or trademark, or something very similar
• comparing your product with a competitor鈥檚 product that鈥檚 not the same

Download 鈥楾he Business Protection from Misleading Marketing Regulations 2008鈥� for more detail about the regulations that cover advertising to businesses.

Penalties

If you break the regulations, you could be reported to a local Trading Standards office. You could be fined, prosecuted or imprisoned.

There are 2 advertising codes of practice that describe how businesses should advertise.

They cover all kinds of promotional communications, depending where the advert or promotion will appear.

Non-broadcast media

The has rules that cover non-broadcast advertising (for example print, online), sales promotion and direct marketing (such as telesales and email).

The code specifies standards for accuracy and honesty that businesses must stick to, including specific conditions, such as:

• advertising to children
• causing offence
• political advertising

Broadcast media (for example TV, radio)

You must follow the , which covers issues including taste, decency and product placement.

As well as setting standards about accuracy and honesty businesses must stick to, they also have rules about things like scheduling.

General broadcasting rules

You also need to follow rules about taste, decency, product placement etc that apply to all broadcasting.

These are called 鈥榖roadcast codes鈥�. Find out more about them on the .

Enforcing the rules

The rules are enforced by the Advertising Standards Authority (ASA).

Anyone who thinks advertising rules have been broken can within 3 months of the advert appearing.

If an advert breaks the rules, it may be withdrawn. If the product does not match the description or the advert breaks the law, you could be prosecuted.

You must describe your product accurately. This means if you make a claim about your product, you must be able to prove what you say.

Prices

Your adverts must describe the actual cost accurately, including any ongoing or associated costs (like subscription fees) and taxes (such as VAT).

You must check if customers want to be contacted by fax, phone, post or email, and give them the chance to object. You must be able to prove you鈥檝e done this.

When you collect customer details, you must get their permission if you want to send them other offers or promotions.

You must also ask for their permission if you want to share their information with another organisation.

Letting customers opt out

Customers have the right to stop their information being used for direct marketing.

You must make it easy to opt out - for example by sending a 鈥楽TOP鈥� text to a short number, or using an 鈥榰nsubscribe鈥� link.

Telesales and fax marketing

You must say who you are when you make a telesales call, and give your address or phone number if you鈥檙e asked for it. The number for customers to call must be a freephone number.

You鈥檙e not allowed to send marketing faxes to individuals unless you鈥檝e received their prior permission, but you can send unsolicited faxes to companies.

You must be able to prove that you鈥檝e checked you鈥檙e not contacting anyone who does not want to be contacted.

Check who鈥檚 asked not to receive calls or faxes using the:

Automated calls

If you want to make automated calls - with pre-recorded phone messages - you must get the permission of the individual or business first.

Direct mail

Check that your mailing lists do not include anyone who鈥檚 asked not to receive direct mailing, using the .

Email marketing and text messages

You鈥檙e only allowed to send marketing emails to individual customers if they鈥檝e given you permission.

Emails or text messages must clearly indicate:

• who you are
• that you鈥檙e selling something
• what the promotions are, and any conditions

Check that you are not sending emails to anyone who鈥檚 asked not to receive them, using the .

Every marketing email you send must give the person the ability to opt out of (or 鈥榰nsubscribe from鈥�) further emails.

You must tell customers if you add them to a list of people who do not want to be emailed.

Cookies

You must tell visitors to your website how your site uses cookies, and ask if they want to accept them.

The information should be easy to understand.

Find out more about cookies on the and .