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Marketing and Advertising: The Law

There are regulations that restrict what advertisers can and can’t do. As well as the regulations, there are 2 advertising codes of practice that you need to follow to help you advertise legally. You must describe your product or service accurately. This section gives a summary of some rules you need to keep in mind.


Essential Requirements
 

All marketing and advertising must be:

  • an accurate description of the product or service
  • legal
  • decent
  • truthful
  • honest
  • socially responsible (not encouraging illegal, unsafe or anti-social behaviour)

There are regulations that restrict what advertisers can and can’t do.

As well as the regulations, there are 2 advertising codes of practice that you need to follow to help you advertise legally.

You must describe your product or service accurately.

Requirements for specific products

There are also specific requirements that apply to certain sectors, such as:

  • food
  • alcohol
  • beauty products
  • environmentally friendly products
  • medicines
  • tobacco

For example, you can only claim your drink is ‘low in alcohol’ if it contains between 0.5% and 1.2% alcohol by volume.

Data protection

If you’re gathering, storing or using information about customers or potential customers, you must also protect their data.

Regulations that affect advertising
 

Advertising to consumers

The Consumer Protection from Unfair Trading Regulations mean you can’t mislead or harass consumers by, for example:

• including false or deceptive messages
• leaving out important information
• using aggressive sales techniques

Read ‘The consumer protection from unfair trading regulations’ for the rules on advertising legally.


Advertising to businesses

Advertising to businesses is covered by the Business Protection from Misleading Marketing Regulations. As well as being accurate and honest, you must not make misleading comparisons with competitors, that includes:

• using a competitor’s logo or trademark, or something very similar
• comparing your product with a competitor’s product that’s not the same

Download ‘The Business Protection from Misleading Marketing Regulations 2008’ for more detail about the regulations that cover advertising to businesses.

Penalties

If you break the regulations, you could be reported to either a local Trading Standards office or the Competition and Markets Authority (CMA). You could be fined, prosecuted or imprisoned.

Advertising codes of practice
 

There are 2 advertising codes of practice that describe how businesses should advertise.

They cover all kinds of promotional communications, depending where the advert or promotion will appear.

Non-broadcast media

The Committee of Advertising Practice code has rules that cover non-broadcast advertising (eg print, online), sales promotion and direct marketing (eg telesales and email).

The code specifies standards for accuracy and honesty that businesses must stick to, including specific conditions, eg:

• advertising to children
• causing offence
• political advertising

Broadcast media (eg TV, radio)

You must follow broadcast codes that cover issues including taste, decency and product placement.

As well as setting standards about accuracy and honesty businesses must stick to, they also have rules about things like scheduling.

You also need to follow rules about taste, decency, product placement etc that apply to all broadcasting.

These are called ‘broadcast codes’. Find out more about them on the Ofcom website.

Enforcing the rules

The rules are enforced by the Advertising Standards Authority (ASA).

Anyone who thinks advertising rules have been broken can complain to the ASA within 3 months of the advert appearing.

If an advert breaks the rules, it may be withdrawn. If the product doesn’t match the description or the advert breaks the law, you could be prosecuted.

Describing your product
 

You must describe your product accurately. This means if you make a claim about your product, you must be able to prove what you say.

Prices

Your adverts must describe the actual cost accurately, including any ongoing or associated costs (eg subscription fees) and taxes (eg VAT).

Example

A customer pays £50 a product, without being told the price doesn’t include VAT. This was not explained in the advert, so the advert is misleading.

Direct marketing

You must check if customers want to be contacted by fax, phone, post or email, and give them the chance to object.

When you collect customer details, you must get their permission if you want to send them other offers or promotions.

You must also ask for their permission if you want to share their information with another organisation.

Letting customers opt out

Customers have the right to stop their information being used for direct marketing.

You must make it easy to opt out - eg by sending a ‘STOP’ text to a short number, or using an ‘unsubscribe’ link.

Telesales and fax marketing

You must say who you are when you make a telesales call, and give your address or phone number if you’re asked for it. The number for customers to call must be a freephone number.

You’re not allowed to send marketing faxes to individuals unless you’ve received their prior permission, but you can send unsolicited faxes to companies.

You must check that you’re not contacting anyone who’s asked not to receive these calls or faxes, using the:

• Telephone Preference Service
• Fax Preference Service

It’s illegal to phone or fax someone registered with these services if you don’t have their permission. You can be fined £5,000 for each unsolicited phonecall.

Automated calls

If you want to make automated calls - with pre-recorded phone messages - you must get the permission of the individual or business first.

Direct mail

Check that your mailing lists don’t include anyone who’s asked not to receive direct mailing, using the Mail Preference Service.

Email marketing and text messages

You’re only allowed to send marketing emails to individual customers if they’ve given you permission.

Emails or text messages must clearly indicate:

• who you are
• that you’re selling something
• what the promotions are, and any conditions

Check that you aren’t sending emails to anyone who’s asked not to receive them, using the Email Preference Service.

If you buy or rent a mailing list, ask the supplier if you have the right to use it for email marketing.

Every marketing email you send must give the person the ability to opt out of (or ‘unsubscribe from’) further emails.

Cookies

You must tell visitors to your website how your site uses cookies, and ask if they want to accept them.
The information should be easy to understand.

Find out more about cookies on the Information Commissioner’s Office website and AboutCookies.org.

Customers can complain if you misuse their information, and you could be ordered to pay a fine or compensation.

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News

26 results found, page 1 of 3.  
Scriba PR to launch communications workshop for local businesses

Monday 26 June 2017

Huddersfield-based PR technical specialist Scriba PR has announced the launch of a press release workshop, in the hope of aiding Yorkshire companies with their communications activities. The two and a half hour sessions will be open to people from the wider business community, to give an overview of how PR can raise the profile of their work, and provide practical tips to help them better tell their story. Hosted at Scriba PR’s new headquarters in the loft of Heritage Exchange, Lindley, the first workshop will take place on Thursday 13 July, from 9-11.30am. Managing director Katie Mallinson will lead a small group of six will be led through the whole press release process – from taking an effective brief, through to drafting compelling content, pitching and issuing it to journalists. Commenting on the launch of the training session, Katie said: “Many technical businesses come to us with the key goal of raising their profile in the media. This often boils down to being able to prepare well-written, engaging and newsworthy press releases that will capture the attention of their target audiences – not to mention discerning journalists. “So, this is a service we happily provide, as we want to empower people to undertake more meaningful conversations with their public, however complex their subject matter.” Comprising of group tasks and discussions, the workshop will see Katie showing her ten years’ PR and copywriting experience, providing guidance and advice to business people, as she covers a range of topics surrounding the perfect press release. And it won’t be a one-off event – the PR specialist is hoping the first session will kick-start a series of wider workshops to come. Pre-registration for ‘How to write the perfect press release’ is essential, with places costing £99 + VAT per person. Anyone interested in attending the July workshop, or wanting further information about future sessions should contact louise@scribapr.com.
Posted by Scriba PR Limited
ABL Business expands into North Yorkshire

Wednesday 21 June 2017

Yorkshire-based business support consultancy ABL Business Ltd are expanding their operations into North Yorkshire. The company, which offers commercial finance and marketing support to SMEs, has engaged Fraser Irvine as an Appointed Representative to cover the county. Based in Harrogate, Fraser will be operating across the area, offering a full mix of commercial finance services. He will assist SMEs in raising the funds they need to trade, grow or stabilise their business, using all the funding lines and capabilities of ABL Business. It marks the third recent growth for the Cleckheaton-based company, who recently set up a new office in Scotland with two representatives just over a year ago and expanded into the North East region in March this year. Fraser Irvine is an experienced Independent Commercial Finance Broker and joins the company with an extensive career in financing businesses under his belt. He has spent almost 30 years working with asset and cash flow funders, which gives him a deep understanding of the financial needs of an SME business. Fraser has worked with new start businesses, as well as more established companies, arranging funding facilities to suit individual needs. His interest in business finance has also enabled him to gain extensive experience in the Management Buy-out, Management Buy-in and transactional market as a whole. He said: “I have known ABL Business and its owners, Andy Redman and Alex Beardsley for many years and really like the independent and client-focussed approach they adopt, so I’m very excited that I’m now joining the team. “ABL Business has access to a vast range of funders, which means I will benefit from being able to offer clients financial solutions that are tailored to bespoke needs. I am keen to help clients from new starts to multi-million turnover businesses to grow and achieve their full potential.” ABL Business Ltd and their appointed representatives have access to over 70 funders, enabling them to find an appropriate solution, no matter what a client’s financial requirements may be. ABL Business Director Andy Redman said: “We’re delighted to welcome Fraser to the team. He has a wealth of experience, which he brings with him from the financial sector, and in business too. Fraser, with his connections and knowledge, will be a real asset to ABL Business and to companies across North Yorkshire. His appointment has enabled us to expand our reach into yet another area and help even more businesses find funding packages that suit their specific needs”.
Posted by ABL Business Ltd
Win Free Tickets to Bulldogs V Bulls with Comoodle!

Thursday 15 June 2017

Comoodle is offering 5 lucky winners the chance to watch Batley Bulldogs take on Bradford Bulls at the Fox's Biscuits Stadium, on Sunday 16th July. You'll enjoy free entry to the game and complimentary refreshments as you watch the match from the executive area. To enter the draw, simply register at www.comoodle.com and offer to share something, no matter how small, with your community. Once you've done that, Direct Message us on Twitter at @Comoodle Good Luck and happy comoodling!
Posted by Comoodle
World-renowned decommissioning consultancy appoints Scriba PR

Thursday 15 June 2017

A specialist decommissioning consultancy has appointed technical public relations specialist Scriba PR. Having managed over 700 complex, high-hazard and large-scale decommissioning, dismantling and demolition projects over the past 25 years, RVA Group has an established global presence in the petrochemical, chemical, power generation, oil, gas and pharmaceutical sectors. But strategic communications activity will prove pivotal to the team’s next chapter of international expansion. Having previously worked with Scriba’s founder Katie Mallinson – a CIPR member with more than 10 years’ industry experience – RVA’s managing director therefore turned to Scriba to undertake this new PR assignment. Commenting on the firm’s appointment, Richard Vann said: “Ours in a highly niche field of engineering, EHS and project management, which requires an in-depth level of understanding and technical accuracy. Katie is well connected in the decommissioning and wider vertical media which, coupled with her knowledge of our operations, will prove crucial to us securing the quality of media coverage that we seek.” Providing an array of PR and copywriting services including media relations, web content development and social media support, Scriba will also investigate a programme of conference and webinar content for the experienced 15-strong team. Elaborating on the 12-month rolling contract, Katie explained: “RVA already has a truly global presence having recently completed projects in Canada, the US, France and the Netherlands, to name just a few. Over the last four years the company’s Singapore branch has also been fully engaged in the management of the three largest decommissioning and dismantling projects ever carried out on Jurong Island, the country’s vast industrial heartland. “This is an organisation that already has an enviable – yet justifiable – reputation. But as they prepare for their next 25 years in business, it is important that they maintain and develop their profile in the global decommissioning arena. “Due to the inherently hazardous nature of their work and the extensive expertise within the multi-disciplined team, our activity will undoubtedly be rich in authoritative, advice-led and value-adding content.” Scriba was established in 2013 and continues to be based in a converted textiles mill in Huddersfield, West Yorkshire.
Posted by Scriba PR Limited
KC Communications appointed by print management specialists, ABS UK Ltd

Tuesday 13 June 2017

Huddersfield-based marketing communications agency, KC Communications, has announced that they have been appointed by fellow Huddersfield Town Football Club partners, ABS UK Ltd, to increase their national profile through PR. ABS UK Ltd, based in Elland West Yorkshire, provide document production and print and document management services to a huge variety of businesses, charities and schools across the M62 corridor. The contract will see KC Communications assume responsibility for the company’s PR requirements which will include developing and delivering their national PR strategy. David Lees, Marketing & CSR Director of ABS UK Ltd commented: “It’s a pleasure to be working with KC Communications. After nearly 30 successful years in business, we are looking to broaden our customer base across the UK as well as expand our service offering. In addition, The ABS Foundation has some exciting projects coming up and with the help of the team at KC Communications, I’ve got no doubt that we will see some fantastic results in raising our profile over the coming months.” Sarah Benson, Account Manager at KC Communications added: “We are delighted to have been appointed by ABS UK Ltd to manage their PR strategy. The company have some really exciting things in the pipeline and we’re really looking forward to getting started and supporting them in achieving their growth plans.” This latest contract continues the momentum of business growth for KC Communications following a successful start to 2017; the business is on track to increase turnover this financial year by 75% following its recent relocation to Independence House and recruitment this year has included an Account Manager, a Marketing Executive and a Social Media Executive.
Posted by KC Communications
KC Communications appoints Account Manager

Monday 05 June 2017

Huddersfield-based marketing communications agency, KC Communications, have appointed Laura Batchelor as Account Manager. Laura’s appointment follows the recent recruitment of a Social Media Executive and a Marketing Executive and comes after an impressive period of growth with the business on track to increase turnover by 75% this financial year. Laura joins the team from CreativeRace, formerly known as Gratterpalm, having worked as Account Director for Asda Local. Prior to that Laura worked as a media planner/buyer for JDA in Leeds.  Laura commented: “I am delighted to have been offered this role and to join the team at a local and fast-growing agency. I feel that with my experience from larger agencies I can really make my mark here at KC Communications.” “I’m looking forward to working on new and exciting projects with all of the team. This is a busy and exciting time for KC, with a number of new clients coming on board and I’m looking forward to the challenges that lie ahead.”  Katrina Cliffe, Managing Director at KC Communications added: “Laura joins the team at a really exciting time for the business following our recent account wins and an office relocation. Laura brings a wealth of knowledge and experience to further develop our offering; she’ll play a key role in client services, while supporting business development and growth. It’s been a fantastic few months and we’re delighted to have Laura on board to help us continue our achievements.” In response to the continued growth of the business, KC Communications has recently relocated to larger premises at newly established business centre Independence House in Huddersfield, which has seen their office space increase by 900%.
Posted by KC Communications
Social Progress MD selected for Digital Women Debate Panel

Saturday 03 June 2017

During the Digital Marketing Roadshow - Wigan on Wednesday 7th June at DW Stadium five leading industry experts will be coming together to discuss diversity in Digital and how gender balance is being addressed. The day has a very exciting list of digital related seminars throughout the day including a Google Digital Garage session on 'Reach New Customers Online & Know your Business with Google Analytics.' The Digital Women Debate is being hosted by Naomi Timperley who runs Coo Digital & is a Tech North Advocate. Social Progress, owner and MD Janet Bebb is one of the five panelists discussing gender balance in the digital along with Debbie Edwards, F Disrupters, Wendy Bowers at Role, Melissa Conlon, Commercial Director at Magma and Aaron Crewe from novi.digital. Big Screen Social our highly visual Twitter Wall will also be featuring at the event displaying the photos, branding and messages of delegates, exhibitors and speakers via hashtag #DMRoadshow helping to spread the word about the full day event and reach an online audience. This free to attend event is part of a series of Digital Marketing Roadshows taking place across the North West of England organised by Launch Events. https://www.socialprogress.co.uk/social-progress-selected-for-digital-women-debate-panel/
Posted by Social Progress
Yorkshire Spring Manufacturer appoints Vizulate as digital marketing agency

Friday 02 June 2017

Yorkshire spring manufacturer JB Springs (John Binns & Son (Springs) Ltd) has appointed Brighouse-based Vizulate Digital as their web and digital marketing agency. Following a review of the JB Springs’ marketing strategy Vizulate will be working with the directors and internal sales and marketing team to implement a range of digital marketing activities, including the design and development of a new website aimed at increasing sales leads. Established in 1895, John Binns & Son (Springs) Ltd has witnessed many changes in the manufacturing landscape, whilst remaining a family-run company. John Binns now proudly operates from purpose-built premises equipped with the latest technologies in the production of springs and wire forms. Speaking about the appointment of Vizulate Digital, JB Springs Director Alex Driver said: “The increased investment in our production technology over recent years is testimony to the company’s commitment to stay at the forefront of spring manufacturing in the UK. “We wanted an agency that could not only help drive our future growth digitally, but also understand our heritage and pedigree, which has been built on delivering exceptional customer service. The appointment of Vizulate as our digital agency partner is a reflection of our commitment to investing for the future and our desire to utilise digital communications to enhance our customer engagement.”
Posted by Vizulate Digital
The Bigger Boat wins Business of the Month

Saturday 27 May 2017

A digital marketing agency based in Mirfield has been awarded Eaton Smith’s Business of the Month Award. The Bigger Boat was founded in 2010 by Doug Main, Lee Boothroyd & Andy McCaul who had all previously worked together in another agency. The agency outgrew its original office in Brighouse and moved to Mirfield in 2015. They have an impressive client list of companies such as Xbox one game developers, Microsoft Studios and the toy manufacturers, Little Tikes. Furthermore, they demonstrate a remarkable work ethos which is why so much of their work comes through client recommendations. Phil Clarke, Partner at Eaton Smith and member of the judging panel said; “The judges were impressed with The Bigger Boat because not only have they gained financial success but they have also invested in their staff through training and development. The company works hard to recruit talented individuals by offering a quality working environment and development programmes.” Commenting on their win Andy McCaul said; “We are very proud to receive the Business of the Month Award. We have a fantastic team of people here at The Bigger Boat who work hard to make the business a success. We have ambitious growth plans and are excited about the future of the company”. The Bigger Boat will now go forward to the Business of the Year judging panel. The winners will be announced at the awards ceremony on 30th June 2017.
Posted by Scriba PR Limited
The benefits of being a member of Kirklees Business Hub

Friday 26 May 2017

Earlier this year, we returned from the Objective Management Group (OMG) International Conference in Boston, having won two awards, best new partner or "rookie" of the year award and an outstanding performance award. We wrote an article about our achievement on Kirklees Business Hub and included information about how we support businesses with improving their sales. The news article was subsequently shared by the team at Kirklees Business Hub on LinkedIn and Twitter. As a result of the article being shared, we received two new enquiries. One of the new enquiries is a business based in Kirklees and the other prospect is based in South Wales. Our business is already experiencing the benefits of the hub and we would encourage people to share their news. More importantly, attend the excellent events that are organised. The one I attended on Wednesday at the 3M Innovation Centre was excellent. It is a great opportunity to learn and make contacts with like minded local businesses.
Posted by Momentum Sales Solutions Limited
26 results found, page 1 of 3.  

Events Posted

11 results found, page 1 of 2.  
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Google Plus Mini Workshop
Tuesday 4 July 2017, 14:00 - 16:00
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£40 - 6 places
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Pinterest & Instagram Mini Workshop
Wednesday 5 July 2017, 10:00 - 12:00
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£40 - 6 places
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Content Creation and Blogging for Business
Wednesday 12 July 2017, 13:30 - 16:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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Twitter for Business Workshop
Wednesday 12 July 2017, 09:30 - 12:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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LinkedIn for Business Workshop
Thursday 20 July 2017, 09:30 - 12:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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Facebook for Business Workshop
Thursday 3 August 2017, 09:30 - 12:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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Facebook Advertising Workshop
Thursday 3 August 2017, 13:30 - 16:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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Social Media Marketing and Branding
Wednesday 16 August 2017, 13:30 - 16:30
Bridge House, 2 Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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Content Creation and Blogging for Business
Wednesday 30 August 2017, 09:30 - 12:30
Creative Analysis Ltd And Social Progress Ltd, 2, Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
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LinkedIn for Business Workshop
Wednesday 30 August 2017, 13:30 - 16:30
Bridge House, Woodhead Road, Holmfirth, HD9 6PX
£65 - 6 places
11 results found, page 1 of 2.  
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