Understanding the new controls over online advertising, ‘cookies’ and marketing communications

If your business uses websites and electronic communications to market directly to UK consumers, you’ll be affected by recent developments in the regulation of advertising and marketing.

Some of the most important changes are as follows:

• From 1 March 2011, the Advertising Standards Authority’s (ASA) online remit has been extended to cover companies’ marketing claims on their own websites and in other non-paid space they control. This includes social networking sites such as Facebook and Twitter.
• New rules on the use of ‘cookies’ to collect information about website users (e.g. to conduct targeted or behavioural advertising) will come into force on 26 May 2011.
• The Information Commissioner's power to issue monetary penalties has been extended to cover non-compliance with rules concerning direct marketing by phone, email, text and other messaging services. 

What does this mean for you?

If your organisation markets or advertises online or via the telephone or email, there may be a direct impact on your business. You’ll need to review your online activity to make sure it complies with the UK Code of Non-broadcast Advertising and the new rules on use of cookies, and check that you comply with the rules on use of telephone and email marketing.

How can PwC Legal help?

PwC Legal can help you determine how to respond to these changes. We can help carry out a review of your existing websites and advertising and marketing policies and procedures in light of the above developments, as well as compliance issues raised by specific marketing campaigns.

You can click here to read further detail on the changes.

If you’d like to speak to us to find out more about how we could assist you in complying with the requirements, then please contact:

Latika Sharma
Tel: +44 (0) 20 7212 1574

Jonathan Nugent 
Tel: +44 (0)20 7804 2060