From 01 March 2011 this year, the scope of the Advertising Standards Authority’s remit will be increased to include monitoring and regulation of marketing communications on the websites of any and all companies and organisations operating within the United Kingdom.

Whereas in the past, its remit only included online advertising and marketing communications such as paid-for-website banner advertisements, it will now include all non-paid-for content on and passing through websites.

It doesn’t matter if your website is a .co.uk or a .com or some other domain registrant general or country code: if you operate in or from the UK you will fall under the watchful eye of the Advertising Standards Authority and, particularly the provisions of the UK Code of non-broadcast advertising, sales promotion and direct marketing (CAP Code).

So what must I do?

It means you will need to make sure that all of the content and online messages and communications on your website which involve any communications about goods or services for sale, or offers of opportunities or gifts (even if not involving any specific price or financial transaction), are CAP Code compliant from 1 March 2011.

The ASA at https://www.asa.org.uk/ is offering a range of helpful support and advice services to help you ensure your website is CAP Code compliant by 1 March 2011.

However, if you still have questions about how you can be sure that your website is legally compliant with these new changes then get in touch with JMW's Intellectual Property specialists on 0345 872 6666.