Risk Advisory & Regulatory

Advertising & Marketing

Legal specialists in advertising and marketing regulation.

Advertising & marketing regulation specialists

Advertising is an essential part of any business, vital to ensuring that your organisation makes its mark and builds a reputation within the market. The rules applicable to advertising and marketing are also wide ranging and multifaceted, with an ever-increasing scrutiny from various regulators, therefore having a client focussed and agile advisor with you can be hugely beneficial.

If you are looking to diversify your marketing strategy and broaden the reach of your advertising campaigns, whilst remaining within the ever moving confines of data protection and marketing regulations, we are well placed to help you. We also understand how important getting marketing strategy right can be for your brand’s reputation and corporate transactions and mergers.

Our services

Our specialist team can help advise on the following:

We advise businesses around how best to use their current and prospective customer databases, whilst being mindful of latest data protection regulation and guidance.

The ASA and CMA regularly publish advertising and marketing guidance, and rulings on adverts in breach of regulations. We monitor this closely, providing regular updates via a monthly bulletin and advising clients with regards to the compliance of their advertisements with the applicable regulation.

We keep a close eye on developments in consumer protection regulation and how this may affect advertising and marketing practices. This is becoming an increasingly important issue with the introduction of stricter consumer rights legislation.

As a set of standards measuring a business’s impact on society, the environment, and how transparent and accountable it is – this area has always been and will continue to be a key factor for business to consider in their marketing practices, especially when making environmental and sustainability claims about their businesses, products and services.

Why choose Foot Anstey?

At Foot Anstey, we are collaborative in our approach to your needs and can add value by engaging with you on marketing strategy as well as simply advising on legal issues. We are enthusiastic about supporting your business in finding solutions and exploring the opportunities whilst staying within the confines of the ever changing regulatory landscape. We have market-leading expertise in all areas of advertising regulation, and can provide your business with a one stop shop for all of your needs in this area.

We have core sector experience in data protection, intellectual property, competition and advertising regulations and our team, from its vast experience on working for clients both in-house and as external advisors, also provides up-to-date and practical insight into the legal and commercial horizon within these areas- advising and commenting regularly on key developments such as: rulings by the Advertising Standards Authority (ASA) and Competition and Marketing Authority (CMA), Information Commissioner’s Office (ICO) guidance, big data and analytics, and the latest intellectual property cases. With all of this change comes business opportunity but also increased risks to being vulnerable to advertising and marketing activities being subject to complains.

We approach the key themes impacting your marketing strategies rather than looking at the black letter law, this helps us to provide you with a holistic solution and also identify other areas this may have an impact on your business. You will be in the capable hands of our passionate and personable lawyers, all of whom have in-house expertise and understand the daily challenge of juggling competing priorities.

Recent experience

International agency

We advised an agency working with an international airline on ensuring that its advertisement campaign, which depicted alcoholic products, was compliant with UK law. This involved a careful review of advertisement material to ensure that its contents were compliant with UK regulations and empathetic to cultural sensitivities. Our review of the advertisement material ensured that the client could launch the campaign with a robust understanding of the UK’s regulatory landscape.

Car manufacturuer

We advised a car manufacturer on the compliance of their web and in-app marketing messaging with UK advertising standards. Our review focused on ensuring the wording used in promotional material was clear, accurate and not misleading to consumers. We also assessed the functionality of hyperlinks to ensure they directed consumers to the correct information, including clearly defined terms and conditions. We provided practical recommendations to align with the campaign aim while ensuring that regulatory requirements were satisfied.

Conservation charity

We advised a conservation charity on the collection of consents for fundraising campaigns. In particular, we considered the use of existing donor data for targeted outreach. Our guidance covered compliance with the GDPR and e-privacy regulations to ensure communications with donors were clear, transparent and compliant. We also advised on the lawful basis of using donor data for targeted communications. Our input provided the client with a framework to consider how to effectively engage donors while meeting regulatory requirements.

Manufacturer

We advised a leading manufacturer on the legal implications of featuring famous UK landmarks in an advertising campaign. Our guidance covered how copyright law intersects with landmarks, where filming near landmarks is legally permissible and possible consents required to capture landmarks in advertisements. We also carried out a comprehensive review of individual landmarks and their suitability for our client’s advertisement campaign. Our advice supported the client in navigating those regulatory hurdles while ensuring their campaign remained creative and effective.

Our people

Our expertise means we can help with all aspects of marketing advice, from what consents are needed in order to contact prospective or existing customers, how third party intellectual; property may be used in, for example, comparative advertisements, or whether a prospective promotion complies with Advertising Standards Agency rules.

Meet our team

Key contacts

What do our clients say?

“Communication and attention to detail is always paramount, as well as working collaboratively with the client to fully understand the nuances to any particular transaction.”

Legal 500 2025

“Very responsive, commercial, and provide excellent advice, giving our business exactly what it needs. The team is well set up, and the right level lawyer takes care of us depending on the request. Real quality in depth”

Legal 500 2024

“Great at understanding our business – very high quality throughout the team. Really enjoy working together.”

Legal 500 2024

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