Comply with advertising standards

There are various rules you must follow when advertising your products online or via email.

The Non-broadcast Advertising and Direct & Promotional Marketing (CAP) code includes marketing messages on businesses' own websites, and other online content under their control.

This means that both paid-for and non-paid-for advertising and marketing online must comply with the CAP Code. This includes:

• banner and commercial classified adverts - including adverts within emails
• pop-up adverts
• paid-for search listings
• claims on your website, app or landing pages that are intended to sell or promote your product or service
• sales and marketing messages on social media pages under your control, such as Facebook, Instagram, LinkedIn, TikTok, X or YouTube
• paid-for and non-paid-for sales promotions
• influencer marketing
• affiliate marketing and paid partnerships, where the content is advertising

However, the extended scope of the CAP Code does not include user-generated content on your website, or similar feedback on social networking sites - unless you incorporate it into your own marketing material.

Additional rules for commercial emails

The Privacy and Electronic Communications Regulations (PECR) set rules for sending direct marketing by electronic mail, including emails and text messages. You usually need consent to send marketing emails to individual subscribers, unless a valid soft opt-in applies.

A soft opt-in may apply where someone has bought, or negotiated to buy, a similar product or service from you, you collected their details during that process, and you gave them a clear chance to opt out when you collected their details and in every later message.

You must identify yourself clearly and provide a simple way to opt out or unsubscribe in every marketing email. You should also consider UK GDPR requirements when you use personal data for marketing.

For more information on the rules regarding email marketing, see email marketing.

Rules for pay-per-click advertising

The major pay-per-click (PPC) providers will ask that you comply with copyright, trademarks and anti-discrimination law when you use their services. The provider may also have their own rules for what can and cannot be advertised and how. Check each search engine for how they enforce online advertising standards.

PPC terms and conditions will typically set out that it is your responsibility as the advertiser to:

• check your right to use any copyright or copyrighted content - ie you must not promote copyrighted content without the permission of the copyright holder
• not advertise products that are replicas or imitations of designer goods (a replica item contains the trademarked name or logo of a designer brand, but is not made by that brand)
• avoid using words that could be considered discriminatory or offensive to any protected group