Open and transparent marketing
The following codes are relevant to this section:
You must ensure that your marketing communications do not mislead consumers.
All significant terms and conditions which are likely to affect a consumer’s understanding of a marketing promotion must be prominently displayed within the advertisement and positioned close to the headline offer on all relevant landing webpages and sign-up webpages (or equivalent) for that promotion, unless the advertisement is so small that it is impossible to do so.
Significant conditions must be clear, timely, intelligible, unambiguous, non-misleading and transparent. The terms and conditions of each marketing incentive must be made available for the full duration of the promotion.
If the significant conditions are not displayed with sufficient prominence, the ad will be seen as misleading.
We encourage you to refer to CAP's guidance on Gambling ads: free bets and bonuses (opens in a new tab) and and to the Competition and Markets Authority principles (opens in a new tab) to ensure that all significant terms and conditions relating to promotions are presented in an accessible, clear and transparent way.
Unless expressly permitted by law consumers must not be contacted with direct electronic marketing without their informed and specific consent.
Whenever a consumer is contacted they must be provided with an opportunity to withdraw consent. If consent is withdrawn then you must, as soon as practicable, ensure the consumer is not contacted with electronic marketing unless the consumer consents again, and you must be able to provide evidence which shows that consent.
LCCP 5.1.11 broadly reflects the relevant requirements of the Privacy and Electronic Communications Regulations (PECR), which are enforced by the Information Commissioner’s Office (ICO). Relevant guidance can be found on the ICO’s website (opens in a new tab):
- electronic and telephone marketing
- guidance on direct marketing
- direct marketing checklist
- guidance on cookies.
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Responsible placement of digital adverts
Last updated: 24 June 2021
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