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New UK regulations governing use of digital and social media

Author's avatar By Dave Chaffey 08 Oct, 2010
Essential Essential topic

ASA regulations now cover websites and company-controlled social media presences

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Our commentary: The UK Advertising Standard Authority (ASA) has announced an extended remit to their CAP code guideance according to this useful summary from digital law specialists Pinsent Mason. The announcement explains that the regulations now cover:

"Advertisements and other marketing communications by or from companies, organisations or sole traders on their own websites, or in other non-paid-for space online under their control, that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of their own fund-raising activities".

Marketing implications: The main points to note are:

1. Communications on your website will be subject to the standard ASA regulations which aim to control efforts to "mislead, harm or offend" and in particular communications about "alcoholic drinks, health and beauty claims, children, medicines, financial products, environmental claims, gambling, direct marketing and prize promotions".

2. Communications in other non-paid-for space i.e. social networking sites like Facebook and Twitter will also be governed.

3. You won't be responsbible for comments posted by third-parties - just those under the control of company employees.

4. The law will come into force next Spring, we'll alert you to any further details and examples.

Recommended link: Out Law / Pinsent Mason advice on social media regulations

Author's avatar

By Dave Chaffey

Digital strategist Dr Dave Chaffey is co-founder and Content Director of online marketing training platform and publisher Smart Insights. 'Dr Dave' is known for his strategic, but practical, data-driven advice. He has trained and consulted with many business of all sizes in most sectors. These include large international B2B and B2C brands including 3M, BP, Barclaycard, Dell, Confused.com, HSBC, Mercedes-Benz, Microsoft, M&G Investment, Rentokil Initial, O2, Royal Canin (Mars Group) plus many smaller businesses. Dave is editor of the templates, guides and courses in our digital marketing resource library used by our Business members to plan, manage and optimize their marketing. Free members can access our free sample templates here. Dave is also keynote speaker, trainer and consultant who is author of 5 bestselling books on digital marketing including Digital Marketing Excellence and Digital Marketing: Strategy, Implementation and Practice. In 2004 he was recognised by the Chartered Institute of Marketing as one of 50 marketing ‘gurus’ worldwide who have helped shape the future of marketing. My personal site, DaveChaffey.com, lists my latest Digital marketing and E-commerce books and support materials including a digital marketing glossary. Please connect on LinkedIn to receive updates or ask me a question.

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