Advertising meaning

When starting a charitable public appeal, there is scant, if any, certainty that it will be successful. Accordingly, it is sensible to outline the key matters to be handled at the outset. This checklist aids the practitioner in explaining clearly those potential issues, or it can be passed to the promoters of the appeal to help keep these points front of mind...

Checklist Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis (Programmatic Direct). Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions. As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item. Further information Notes (if any) Parties ☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some situations an advertiser will enter into the agreement itself; in others, it may appoint an...

This Practice Note sets out detailed, relevant guidance on the principal legal and regulatory compliance obligations that a website operator should take into account within the EU, covering the following areas: the type and functionality of the website information disclosure requirements consumer protection data protection and privacy cookies accessibility cyber security platform-to-business online payments advertising, promotions and direct marketing AI competition law taxation liability for third party content intellectual property and observance of copyright geographic and territorial considerations Topics such as electronic data interchange (EDI), blockchain, smart contracts, or sector-specific laws and regulations—including those relating to financial services, intermediation services, or online auctions—fall outside the scope of this Practice Note. This Practice Note addresses only legislation that has been adopted to date by the EU. For further details on ongoing initiatives that may materially affect websites operating in the EU, also see Practice Note: Key EU digital...

This decision tree sets out a logical route for deciding whether you may undertake email marketing and, if so, who you can contact. It is just as applicable to text and SMS activity. Separate trees cover postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Of all marketing channels, electronic marketing is the most demanding from a regulatory perspective. You must comply with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 applies different rules to different electronic marketing methods, depending on your audience and the goods/services being promoted. You must also meet the relevant UK GDPR obligations. For more guidance, see the following Practice Notes: Direct marketing compliance—Electronic mail How to handle personal data for direct marketing Direct marketing—UK GDPR and PECR 2003 interplay What is electronic mail direct marketing? Direct marketing is the communication, by any means, of...

This decision tree sets out a logical route to assess whether you may carry out postal direct marketing and, if so, who you can target. For other types of marketing, refer to: Direct marketing decision tree—email and other electronic mail marketing—data protection and Direct marketing decision tree—live telephone calls—data protection. Direct marketing is the communication—by any means—of advertising or marketing material directed at specific individuals. Note 1—personal data and corporate targets Postal marketing addressed to named individuals taken from your customer database involves processing personal data. The scope of personal data is broad enough to capture business-to-business marketing, particularly post sent to named individuals in their professional role: ‘Personal data’ covers any information relating to an identified or identifiable natural person...

This decision tree outlines a logical route for deciding whether you can carry out live telephone marketing and, if permitted, who you may contact. For guidance on other forms of marketing, see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—email and other electronic mail marketing—data protection. Direct marketing refers to the communication (by any means) of advertising or promotional material directed at specific individuals. Live or automated telephone calls? This decision tree is not intended for automated calls, as the rules governing automated calls are far more stringent than those for live calls. You must not make automated marketing calls to an individual unless they have given explicit consent to receive that precise type of call from you. General marketing consent, or consent applicable only to live calls, is insufficient—it must expressly include automated calls. Consequently, there is little value in a decision tree for automated marketing calls—this tree covers live marketing calls only. See Practice Note: Direct marketing compliance—Automated calls. Claims management services ...

Antitrust Court of Justice issues judgment in national reference from the Netherlands proposing that parity clauses are not ancillary restrictions for the purposes of EU competition law The Court of Justice has delivered its judgment in Case C- 264/23 Booking,com BV and Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH and Others, concerning a Dutch reference seeking clarification on whether wide and narrow parity clauses are ancillary restraints under Article 101(1) TFEU. The reference seeks guidance on their classification within EU competition rules under Article 101(1) of TFEU. Background Booking.com BV runs an online hotel reservation platform. Up to 2015, its agreements contained wide price parity obligations that stopped hotels from advertising cheaper room rates via their own direct channels and any other outlets, including rival online travel agencies (OTAs). Thereafter, Booking.com moved to narrow price parity undertakings, which bar hotels from offering lower prices through their direct sales channels; the Federal Court of Justice of Germany nonetheless held these also restrict competition. Booking.com and other...

In this issue: Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT) When scrutinising MI5’s actions across two High Court cases, the court addressed the grave consequences of presenting inaccurate material within closed hearings. It outlined the tightly confined situations that can justify a departure from open justice under section 6 of the Justice and Security Act 2013 (JSA 2013). The court further...

In this issue: UK digital markets UK competition policy UK private actions EU antitrust Daily and weekly news alerts Caselex UK digital markets CMA opens first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising The CMA has begun an ‘initial SMS investigation’ under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). This is the authority’s first SMS designation probe under the new DMCCA digital markets framework. The CMA’s power to designate undertakings with SMS, and potentially impose conduct requirements, took effect on 1 January 2025. The Investigation Notice states that Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (Google) provide general worldwide web search and information return (general search), and advertising to users of general search (search advertising). The CMA considers these meet the definition of a digital activity and can be treated as one activity. The Notice excludes specialised search service interfaces, such...

This Practice Note serves as a practical ‘how to’ for delivering a compliant B2C telephone and print direct marketing campaign, and points you to relevant materials. It distils the key principles and legal rules governing direct marketing, and explains how they affect print and telephone activity. It also offers hands-on advice on the steps and issues to weigh up before dispatching marketing mailings or placing marketing calls to consumers. Given the variety of routes available for a direct marketing initiative, different legal considerations may arise depending on the campaign’s design, the copy used, the exact media chosen and the jurisdictions in scope. This Practice Note does not cover digital forms of direct marketing, such as social media advertising, mobile and virtual advertising. For a ‘how to’ on running a compliant direct marketing campaign in a digital setting, see Practice Note: How to run a compliant direct marketing campaign—digital. What is direct marketing? ‘Direct marketing’ means the communication, by any method, of advertising or marketing material directed at...

CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 27 March 2014; it is no longer maintained See further, timeline, commentary and related cases. Case facts Outline of the OFT’s Chapter I investigation into Pride Mobility Products and retailers concerning mobility scooters (Case CE/9578-12). Latest developments On 27 March 2014, the OFT delivered its infringement decision and instructed the companies to cease the arrangements (where this has not already occurred) and to refrain from entering comparable arrangements in future. No fines were imposed, as the agreements qualified as a ‘small agreement’ exempt from penalties—this applies where the parties’ combined turnover is below £20m and price fixing is not involved. The OFT has issued its statement of objections, and the parties will now have the chance to respond...

This Practice Note outlines how in-house lawyers can collaborate with other business functions to secure adherence to regulatory requirements... What regulations need to be complied with and who is responsible for compliance programmes? Every organisation faces sector‑specific rules and broad, cross‑cutting obligations, including: data protection health and safety competition product safety financial crime environmental obligations employment consumer protection advertising and marketing sanctions/export controls reporting/tax In a regulated sector, a visible compliance function is to be expected, yet it is uncommon for a single department to cover every regulatory strand. Where the core business is not regulated, compliance can become fragmented: HR may take charge of health and safety, while another HR lead may oversee ethics (anti‑bribery). An environment team might drive environmental compliance but leave gaps, for example around product packaging and disposal. Data privacy may sit with a dedicated team or be handled by Legal. The legal team will typically take...

This Agreement is entered into on [ date ] Parties [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ] and registered office at [ insert address ] ( Licensor ); [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], and registered office at [ insert address ] ( Licensee ) (Each of the Licensor and the Licensee is a party and, collectively, the Licensor and the Licensee are the parties.) Background The Licensor is the [ registered ] owner of certain trade marks [ , copyright ] [ and designs ] concerning [ insert character name ], the well-known fictional character[ s ] as appearing in [ insert details of relevant film, cartoon, comic book, computer game etc ]. The Licensee is [ insert background to licence/relevant transaction ]. The Licensor has agreed to grant a...

Lease terms concerning the Tenant’s signage NOTE: The defined expressions used in these provisions are consistent with the Lexis+® UK precedent leases. The terminology may need to be adjusted if these provisions are to be incorporated into a different style of lease. In those leases, ‘Consent’ means written consent from the Landlord that is not to be unreasonably withheld or delayed. 1 Retail/restaurants and cafes 1.1 [ The Tenant shall not erect or show any sign, notice, aerial, flag, satellite dish or advertisement that is visible from outside the Property, except for [ [ number ] external sign [ s ] OR [ fascia ] signage ] displaying the name and business of the Tenant (or other authorised occupier) [ in the customary style of the Tenant’s [ fascia ] signage from time to time ] which: 1.1.1 [ has first been approved in writing by the Landlord [ (such approval not to be unreasonably withheld [ or delayed...

On behalf of: applicant By: [ insert name ] No: [ insert statement number ] Exhibits: [ insert details ] Date: [ insert date ] Filed: [ insert date ] Court Reference No: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [ INSERT LOCATION ]] [COMPANY & INSOLVENCY LIST (ChD)] OR IN THE COUNTY COURT AT [ INSERT LOCATION ] [BUSINESS AND PROPERTY COURTS LIST] OR IN THE HIGH COURT OF JUSTICE [CHANCERY DIVISION] ] In the matter of [ insert company name ] And in the matter of the Companies Act 2006 Statement of [ insert full name ] I, [ insert full name ], being the [ insert role/job title ] of [ insert company name ] of [ insert address ], make this statement as follows: 1 Introduction I hold the office of [ insert role/job...

For the purposes of the Gambling Act 2005 (GA 2005) Under GA 2005, s 3, gambling encompasses ‘gaming’, ‘betting’ and taking part in a ‘lottery’. ‘Gaming’ is defined in GA 2005, s 6 as playing a game of chance for a prize under that provision. A game of chance covers the following: a game that contains both an element of chance and an element of skill, a game where the element of chance can be eliminated by superlative skill, and a game presented as involving an element of chance, but it does not include a sport. There must be some element of chance and the prospect of winning a ‘prize’ for the activity to qualify. The Q&A does not indicate the setting in which the mystery box of prizes is being offered to participants. If the prize is to be obtained by taking part in a game of chance as described in GA 2005, s 6, it will fall within the...

The organisation must ensure it fully complies with the TPS Assured (Call Centre) Handbook 2016, which specifies that a call centre must disclose its own organisation’s identity whenever requested by a recipient. Regulation 24 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) provides the following below: 24 Information to be provided for the purposes of regulations 19, 20 and 21 (1) Where a public electronic communications service is used to transmit a communication for direct marketing, the person using, or causing the use of, that service shall make sure the following information is supplied with that communication— in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b); in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in paragraph (2)(a) and, if the recipient of the call so requests, those mentioned in paragraph (2)(b)...

UK Within the UK, Defra leads the development of new regulations arising from initial studies that prioritise gains in energy efficiency. These rules are policed by the National Measurement Office (NMO). EU Ecodesign and energy-using requirements The European EuP Directive 2005/32/EC acted as a framework, with precise performance benchmarks and test methods defined in accompanying implementing measures and regulations. It was later replaced by the Eco-Design Directive 2009/125/EC. In the UK, the 2005 Directive was transposed via the Ecodesign for Energy-Using Products 2007, SI 2007/2037, which was in turn revoked by the Eco-Design for Energy-Related Products Regulations 2010, SI 2010/2617. The 2010 Regulations transpose Directive 2009/125/EC into UK law, aiming to enhance product environmental performance across the whole life cycle by embedding environmental considerations at the earliest stages of design. The EU is setting minimum energy and environmental performance standards for more than twenty product groups, including lighting. Detailed technical provisions appear in the regulations, while the Market Transformation Programme (MTP) offers further information and the evidence...