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Advertising and Marketing

The world of advertising and marketing is one of constant change. As society evolves, so does the focus of our ethics and interests. Technologies emerge that allow brands to communicate in exciting new ways, bringing opportunity for innovation, but also new regulatory challenges. In addition to traditional media, advertisers are spending an ever-greater share of budget on digital advertising, social media, affiliates, influencers and adtech. To adapt to the times, regulators such as the ASA, Ofcom, the CMA, ICO, FCA and Trading Standards, are having to update their guidance and rules on an almost constant basis.

Our team is at the forefront of the latest advertising regulatory trends. We are here to help businesses at every stage of their advertising and marketing development, from clearance of ad copy, through to analysis of new ways to track user preferences and deliver advertising, and complaints made about their advertising.

We assist brands on a daily basis with their advertising, including compliance with the ASA CAP and BCAP codes and clearance relating to third party IP rights.  We also help demand-side platforms, ad exchanges, supply-side platforms and publishers navigate the increasingly complex regulatory environment, including investigations by regulators or challenges from individuals or representative groups.  

Our team includes technologists and data scientists who help us keep up to date with the latest techniques and platforms, including hyper-personalisation, voice search, interactive content, video marketing, chatbots, virtual and augmented reality, Web 3.0, and Artificial Intelligence and machine learning.

As businesses focus increasingly on their Environmental, Social and Governance considerations, we support and advise our clients regarding their green credentials and ethical claims both for themselves and their supply chain.

Key Services

  • Enforcement action, dealing with the ASA, Clearcast, Radiocentre and other broadcast regulators
  • Advising on compliance with the ASA CAP and BCAP code
  • Advising on and negotiating advertising and marketing-related agreements (including brand ambassador and influencer agreements, and internal Ad policies)
  • Direct marketing, marketing opt-ins and data protection advice
  • Promotional marketing, non-broadcast/ digital marketing campaigns, prize draws, competitions and use of social media (including advising and preparing terms and conditions)
  • Advice on new techniques for personalisation, ad delivery and adtech, including commercial agreements and regulatory analysis
  • Specific due diligence for M&A and investment in advertising, publishing and adtech companies
  • Brand protection and enforcement, including in relation to comparative advertising
  • Sector specific advertising clearance advice (Life SciencesRetailSport, Financial Services, Betting & Gaming)
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