Advertising and marketing | UK Regulatory Outlook March 2024

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 greenwashing, 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. Those 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 digital marketing and advertising association, through the use of its Transparency and Consent Framework (TCF). The TCF is widely used across the digital 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) constitutes 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 participate 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 Authority (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 products, such as alcohol, gambling and foods high in fat, salt or sugar (HFSS), on websites of particular interest to under-18s. The second project focuses on seriously offensive and potentially 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.