We all have fast-paced lives, and marketers definitely have fast-paced careers. The need to get items out quickly and on time can drive the day forward. However, marketing laws that govern such actions are frequently overlooked. Today I would like to share 5 marketing laws that you may not know you need to abide by. I’ll also discuss what you need in place to be compliant.

Marketing Laws you need to abide by

Marketing laws are anything that is ratified by the government of the land. In the case of this article, I’ll be specifically talking about the UK. Many of the below laws deal with data protection and I frequently mention the ICO. The ICO or Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights.

Data Protection Laws

This is one of the most important elements of marketing law. As our industry is completely built on data we need to ensure we are handling that data legitimately and in the appropriate way. If you acquire any person’s information, whether through a sale or marketing, you must inform them of its acquisition and what you plan to do with it. In the case of marketing, you need the customer to agreed to receive marketing and in the form they wish. For example, a customer may sign up to your email newsletter but forget to tick the box that says I agree to receive marketing via email. Therefore, you cannot legally send them a marketing email. This is just one example, but there are many different ways in which you need to protect your customers’ data.

There is so much to discuss when it comes to data protection, but here are a few resources if you want to learn more.

The Data Protection Act 2018 – This updated an existing law from 1998.
The UK- GDPR ICO Guidance – The UK-GDPR is the UK updated version of the GDPR 2018 which updates some provision following brexit.

Cookies Laws

The Cookie Law is a piece of privacy legislation that requires websites to get consent from visitors to store or retrieve any information on their devices. In the UK, the provision of cookies is covered under the Privacy and Electronic Communications Regulations (PECR). Essentially, if you utilise any type of cookie on your website, you must make users aware. They must also actively consent to it. Usually, this is in the form of a popup box that asks whether they agree to the cookies policy or not. Of course, there is a bit more nuance on how this cookie pop up or mechanism should operate. You need a cookie and privacy policy to help users understand their use. There is lots of information to cover.

Here are some further resources to guide you.

The PECR – Guidance from the ICO.
The Cookie Law – Explained by CookiePro, a website that provides information and tools on cookies.

Email signatures

This is one law I see flouted every day. The UK Companies Act 2006 (amended 2007) states that company communications must include the following information in legible characters:

Your company name;
Your company registration number;
The company’s place of registration (e.g. Scotland or England & Wales);
Your registered office address – note that this may be different to the office that you trade from.

This only applies to public and limited companies and does not apply to sole-traders. It’s an easy thing to fix, so get it done this week if you haven’t got an appropriate email signature. You could end up with a fine of up to £1000 if you don’t have the correct information.

Here are some more resources

Companies Act 2006 – UK Government law
UK Email Disclaimer Law – Explained by Exclaimer, a company that provides email signature software.

Free Prize draws

There are many laws regulating prize draws that are covered under gambling provisions. You must follow these when running an online competition, even if it’s free to enter.

If you choose to run a free draw with a paid entry route, you must ensure that:

people can genuinely choose to take part without paying
the free entry route is no more expensive or no less convenient than the paid route
the choice is publicised so that it is likely to come to the attention of anyone intending to participate
the system for allocating prizes does not distinguish between either route
the free entry route is displayed with as much prominence as the paid-for routes.

You should also provide a full list of terms and conditions on your website. This makes it clear what the competition involves. It should include how to apply as well as any stipulations about how the prize winner is chosen.

Here are some further resources on how to run a competition legally.

The Gambling commission
How to operate prize competitions, free draws and promotions legally – From Keystone Law

Controversial Marketing Campaigns

No matter the type of campaign you run, you could fall foul of the ASA, Advertising Standards Agency. The ASA is the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules (the Advertising Codes). The Committee of Advertising Practice (CAP) is the sister organisation of the ASA and is responsible for writing the Advertising Codes.

If you are running a marketing campaign, you need to follow the broadcast (BCAP) or non-broadcast (CAP) codes. In general, adverts must adhere to rules of social responsibility; legality and fair competition. If you break these laws, you could have the advertising pulled and even be fined. Most companies that are investigated would fall under the banner of running a controversial marketing campaign. Not everyone will agree with the ASA judgment but as they are the regulators, they have the final say. Check with a legal team before employing anything risky.

Read these guides:

The law and ethical marketing

We should all be adhering to the above laws as marketers. Not simply because they are the law but because they make our marketing efforts more ethical. These laws have been researched and considered to protect consumers from companies and corporations. They all share a focus on transparency and avoiding misleading the public. It’s important to focus on these ideals as a marketer if you want to produce ethical campaigns. They help marketers provide real value to their customers rather than hoodwink them into purchasing.

I have always considered myself an ethical marketer and I will continue to strive to better my practices both personally and professionally. Recently I signed up to The Ethical Move Pledge. The Ethical Move is an organisation that has created a new marketing standard based on transparency, trust and honesty. If you’d like to work with an ethical marketer, please get in touch. I help independent businesses thrive, so let’s grow your business together.