Identifying advertising

Published by a LexisNexis TMT expert
Practice notes

Identifying advertising

Published by a LexisNexis TMT expert

Practice notes
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FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Practice Note. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The Advertising Standards Authority is also consulting on necessary updates to the Advertising Codes to reflect DMCCA 2024. The consultation will close on 5 February 2025. See: LNB News 06/01/2025 43. This Practice Note will be updated for this change in due course.

For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.

The Rules applicable to advertising in the UK are found in both legislation

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Jurisdiction(s):
United Kingdom
Key definition:
Advertising definition
What does Advertising mean?

Advertising is defined very broadly to encompass any form of representation that is made in connection with business in order to promote the supply or transfer of a product.

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