This Advertising Guidance relates to mobile marketing, such as SMS and MMS messages.
The guidance covers the need to ensure suitable targeting of such ads, opt-in and opt-out requirements and how consumers’ information may, and may not, be used by third parties. It outlines certain information which should always be included in a mobile ad, including the identity of the marketer and a valid address, such as a website address or text-back channel which enables consumers to send op-out requests.
It also provides advice on mobile promotions, such as competitions, prize draws and instant-win offers, as well as premium rate mobile marketing and mobile marketing which is targeted at children.
**PLEASE NOTE**
CAP is in the process of 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). From 25 May 2018 until CAP introduces new rules, the ASA will not administer the existing rules in Section 10 and Appendix 3 of the CAP Code. CAP encourages members of the public and businesses to find more information about their legal rights and obligations at www.ico.gov.uk. This guidance will be updated in due course.