Regulatory Timeline: Advertising and Marketing

“The long overdue revised Pricing
Practices Guide will hopefully be a significant aid to advertisers, whilst
there are significant elements of the Consumer Rights Act that make it even more
important that advertising claims are compliant.”

1 October 2015 – Consumer Rights Act 2015

The coming into force of the Consumer Rights Act 2015 (“CRA”) is a major consumer protection law milestone. The CRA includes reforms of significance for advertisers. For example, for sales of services, the CRA includes a provision that can give binding contractual effect to a trader’s written or spoken statements about the trader or its service, if a consumer takes them into account.

Early 2016 – New BIS Pricing Practices Guide

In October 2015, the Chartered Trading Standards Institute (“CTSI”) will be consulting on a draft revised Pricing Practices Guide. The consultation is likely to close in late December 2015 and we expect the final version to be published a few weeks later, in early 2016. This follows a previous consultation, in which all the responses received supported the need for change.

Early 2016 – Audio Visual Media Services Directive 2010/13/EU

The European Commission will embark on a review of the 2010 Audio Visual Media Services Directive, seeking the views of all interested parties on how to make Europe’s audio-visual media landscape fit for purpose in the digital age.
The 2016 review will include consideration of how to best protect EU viewers (particularly children) and regulate advertising in the audio-visual online world.

The 2016 review will include consideration of how to best
protect EU viewers (particularly children) and regulate advertising in the
audio-visual online world. 

Spring 2016 – General Data Protection Regulation

It is possible that the long debated General Data Protection Regulation will at last be finalised. It will very likely have a lead time of two years but all the signs are that marketers will need all that time to assimilate and prepare for compliance come 2018.

Spring 2016 – European Commission Digital Single Market initiative

As part of its initiative under Pillar 1 of its Digital Single Market initiative (better access for consumers and businesses to online goods and services across Europe) we expect the European Commission to publish proposals for “more simple and effective rules for consumers and business”, including proposals relating to advertising and marketing. For more information on the Digital Single Market see our dedicated hub here.

21 March 2016 – Mortgage Credit Directive 2014/7/EU

From 21 March 2016, pursuant to the Mortgage Credit Directive Order 2015, advising on, arranging, lending and administering consumer buy-to-let (“CBTL”) mortgages will be subject to a new legislative framework. Consequential changes have been made to the FCA Handbook. These include requirements for pre contractual illustrations so it may have an impact on advertising for CBTL mortgages.

Summer 2016  – ePrivacy Directive 2002/58/EC

Following publication by the European Commission in June 2015 of a study on the effectiveness and compatibility with the proposed Data Protection Regulation, it is likely that once the General Data Protection Regulation is signed off, a review of the ePrivacy Directive will be launched.