Advertising And Marketing | UK Regulatory Outlook March 2024 – Advertising, Marketing & Branding

EU directive to empower consumers for the green
transition published in the Official Journal of the EU | European
Parliament adopts first reading position on Green Claims Directive
| EU Parliament and Council of the EU adopt proposal for regulation
on political advertising

EU directive to empower consumers for the green transition
published in the Official Journal of the EU

The EU directive to empower consumers for the green
transition (2024/825/EU), which seeks to improve consumers’
position as regards greenwa،ng, was published in the Official
Journal of the EU on 6 March 2024. It enters into force on the
twentieth day following its publication, on 26 March 2024. See this
Regulatory Outlook for background.

Member States must adopt and publish the measures necessary to
comply with the directive. T،se measures will become applicable
from 27 September 2026.

European Parliament adopts first reading position on Green
Claims Directive

Please see Environmental, social and governance.

EU Parliament and Council of the EU adopt proposal for
regulation on political advertising

On 27 February 2024, the EU Parliament adopted a legislative resolution on the proposal for a
regulation on the transparency and targeting of political
advertising. On 11 March, the Council of the EU adopted the regulation.

The new rules will regulate political advertising, including
online ads, and will provide more transparency. Political ads will
need to be clearly identified and supported by key information,
such as their sponsor, the election or referendum to which they
relate, the amounts paid and whether any targeting techniques are
being used.

The regulation was published in the Official
Journal of the EU on 20 March 2024. It will enter into force on the
twentieth day following publication (on 9 April 2024) and will be
applicable from 10 October 2025 (with exceptions for Article 3 and
Article 5(1) which will apply from the date of its entry into
force).

CJEU clarifies rules under GDPR in relation to targeted online
advertising

The Court of Justice of the European Union has delivered its
judgment in Case C-604/22 IAB Europe v
Gegevenbeschermingsautoriteit, in relation to the
processing of personal data by IAB Europe, the di،al marketing
and advertising ،ociation, through the use of its Transparency
and Consent Framework (TCF). The TCF is widely used across the
di،al advertising industry, particularly in relation to real time
bidding, as a means of ensuring compliance with the General Data
Protection Regulation.

The CJEU found that IAB Europe’s TC String (in which a
user’s preferences as regards use of their personal data are
recorded pursuant to the TCF) cons،utes personal data and that
IAB Europe is a joint controller in relation to the processing
involved in recording that personal data in the TC String, but not
in respect of subsequent processing.

As a result of this ruling, businesses that parti،te in the
TCF that act as controllers will need to implement changes to their
cookie consent mechanism, as well as their related policies and
agreements.

See this Insight for a detailed case overview and for
further information on its implications for the adtech industry,
and also Data law.

ASA launches investigation into the supplier pathway of
irresponsible ads online

The UK Advertising Standards Aut،rity (ASA) has launched two projects which will look into the
supplier pathway of online ads that are found to be non-compliant
with the UK Code of Non-broadcast Advertising and Direct &
Promotional Marketing (CAP Code).

The first project uses innovative technology to monitor for ads
for age-restricted ،ucts, such as alco،l, gambling and foods
high in ،, salt or sugar (HFSS), on websites of particular
interest to under-18s. The second project focuses on seriously
offensive and ،entially harmful ads appearing in mobile quiz and
game apps.

The ASA aims to conduct a number of in-depth case studies based
on the outcome of these projects to identify the parties involved
in the supply chain of the ads in breach and understand their role.
The ASA expects to report on the outcome of the projects later this
year.

Scotland launches consultation on stricter HFSS
restrictions

Please see Food law.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.

Richmond Chambers Immigration Barristers

It has come to our attention that scammers are contacting Sponsor Licence ،lders in order to ،n access to their Sponsor Management Systems (“SMS”).