Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
CAP is currently consulting on changes to its rules on the collection and use of data for marketing. These changes are intended to ensure that its rules cover data protection issues most relevant to marketing, and that they are aligned with the standards introduced by the General Data Protection Regulation (EU 2016/679, the GDPR). The consultation will close at 5pm on 19 June 2018.
From 25 May 2018, when the GDPR is enforceable, until CAP introduces new rules, the ASA will not administer the existing rules in section 10 and Appendix 3 of the CAP Code. If the ASA receives complaints during this time, it will make advertisers aware of the complaint and issues raised, and ensure that they are aware that they must be complying with the GDPR. CAP encourages members of the public and businesses to find more information about their legal rights and obligations at www.ico.gov.uk . After the introduction of the new rules, CAP will ensure that it provides as much guidance as possible to advertisers on the rules and, in the meantime, advertisers are advised to sign up to CAP updates and follow us on Twitter.