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Legal issues in marketing


Legal advice on the CAP Code and BCAP Code, bribery and corporate hospitality, prize draw T&Cs, comparative advertising, marketing with social networks and blogs, “green” claims in advertising, product placement, claims based on customer surveys, viral campaigns, brand evaluation, employees in advertising, e-mail marketing, pop-ups, sponsorship, alcohol advertising and health claims, advertising to children, data protection and more


  • Mark Smith Don't get burned by red hot adsMarketers thinking of running a risqué ad campaign might want to think again -unless the publicity associated with an ASA ban is what they really want
  • Cookie monsterWith no cookie trail to show them the way, marketers could find themselves as lost in the woods as Hansel and Gretel when EU regulation on online tracking comes into force in May
  • Up to date?2011 was a trailblazing year for marketing law from green claims to social media ads, hardly a month went by without an update. So did you stay on top of it all?
  • Opting in to best practice with e-mail dataWhen it comes to e-mail data, recommendations and warnings abound. It can be difficult for marketers to understand what the law actually specifies regarding e-mail marketing to consumers, says Mark Smith
  • Right ingredients?Claims about a food's nutritional value will be scrutinised, especially if it's high in fat, salt or sugar and aimed at kids
  • Keeping it above boardIt's not only offering or receiving a bribe that spells trouble - failing to prevent bribery is also an offence under new legislation coming into play
  • Playing by the rulesMarketers need to ensure they're familiar with proposed restrictions on advertising activities during the London 2012 Olympic Games
  • Ambush marketing and the lawIf you thought ambush marketing was for the big boys, think again - SME marketers could be set to ambush the Olympics and other events without even realising it, says CIM's Mark Blayney-Stuart
  • Three steps to clean green heavenWhy contaminate your campaign with a non-compliant claim when Defra's guidance can help you keep it pristine?
  • TV product placement is hereStill cringing from the painful product plugs in the last Bond film? Get used to it product placement is here to stay
  • Transparent relationshipsMarketers must ensure that content published on social media reveals any relationships with brands and sponsors
  • A regal marketing planAnticipation for the royal wedding is building as 29 April approaches - but can marketers make use of public interest in the event by referring to it in their advertising campaigns?
  • Whose prize is it anyway?Prize promotions can be more legally complicated than you'd think read on to avoid looking like a prize plum
  • ASA to regulate online advertisingNon-broadcast advertising guidelines are being extended to cover online marketing and will be regulated by the Advertising Standards Authority
  • Spinning out of control?Advertisers will fall foul of the CAP codes if they put a positive spin on the outcome of a survey for the benefit of a marketing claim
  • Cough up for the competition?The free handling of advertising complaints made by competitors is under the microscope at the ASA and could soon be subject to fees
  • Get ready for the new ISO Standard on brand valuationIf you thought brand value was hard to pin down, think again, says David Haigh
  • Virals aren't immune to the lawEncouraging customers to forward e-mails to a friend may seem innocuous, but it is not without some legal risks
  • Marketing or bribery?Supplier incentive schemes and corporate hospitality could become largely things of the past under new bribery legislation
  • New rules for advertisersThe wait is over. The new advertising codes have been released and come into effect in September - be prepared
  • Coming to a TV screen near youProduct placement has finally been given the go-ahead for UK advertisers, but marketers will have to comply with plenty of extra ...
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