DISQUS

Andy Beard - Internet Business Systems Discussion: UK Consumer Protection Unfair Trading Regulations That Might Affect Advertising, Links, Affiliates & Product Launches

  • Tim Nash · 1 year ago
    Did I hear my name mentioned:)

    A couple of generic points which might be important but note IAMNL

    Ignorance is no excuse in the British legal system.

    Your honour how was I to know telling people I made 20 million pounds last year when I only made a fiver


    simply wont wash

    Second just because you haven't been caught doesn't mean you won't as UK business shifts more towards the web so to will trading standards efforts.
    When in doubt write it down, I think it's a safe bet to be looking at having a disclaimer page on every site even if it simply states that the site has affiliate links.

    With that I'm off to clean up my disclaimer policies and declare that Cindy is not quite who she seems :)
  • Susan Singleton · 1 year ago
    I have been doing quite a bit of work on these regulations including putting on a conference with the UK Government representative who has been drafting and advising them - we are running it again on 11th June (www.singlelaw.com)....pause there and laugh because on 26 May when the UK version of the regulations are in force I will not be allowed to do that - merge the comment with some "advertorial" or subtle or not so subtle plugs for a service or product.

    It will be a criminal offence but probably used as a last resort for persistent offenders.

    A disclaimer will not work but if someone is outside the jurisdiction and happy to avoid holidays in the UK in future they may be able to avoid the strong arm of European Justice I suppose.

    Concerns in the UK have been over issues such as are "buy one get one free " (BOGOF) offers still okay - yes they are. Being careful however to make sure what is "free" is definitely free. Issues over conduct of salesmen who go door to door -so training for staff is useful under the new regulations. A couple of companies have asked me to do some training in house on the regulations. Also viral marketing is likely to be a problem under the regulations. The Government has issued guidance and also updated its general guidance on "Price indications" so anyone interested in how this affects pricing of goods should have a look at that too.
  • Tim Nash · 1 year ago
    Did I hear my name mentioned:)

    A couple of generic points which might be important but note IAMNL

    Ignorance is no excuse in the British legal system.

    Your honour how was I to know telling people I made 20 million pounds last year when I only made a fiver


    simply wont wash

    Second just because you haven't been caught doesn't mean you won't as UK business shifts more towards the web so to will trading standards efforts.
    When in doubt write it down, I think it's a safe bet to be looking at having a disclaimer page on every site even if it simply states that the site has affiliate links.

    With that I'm off to clean up my disclaimer policies and declare that Cindy is not quite who she seems :)
  • Susan Singleton · 1 year ago
    I have been doing quite a bit of work on these regulations including putting on a conference with the UK Government representative who has been drafting and advising them - we are running it again on 11th June (www.singlelaw.com)....pause there and laugh because on 26 May when the UK version of the regulations are in force I will not be allowed to do that - merge the comment with some "advertorial" or subtle or not so subtle plugs for a service or product.

    It will be a criminal offence but probably used as a last resort for persistent offenders.

    A disclaimer will not work but if someone is outside the jurisdiction and happy to avoid holidays in the UK in future they may be able to avoid the strong arm of European Justice I suppose.

    Concerns in the UK have been over issues such as are "buy one get one free " (BOGOF) offers still okay - yes they are. Being careful however to make sure what is "free" is definitely free. Issues over conduct of salesmen who go door to door -so training for staff is useful under the new regulations. A couple of companies have asked me to do some training in house on the regulations. Also viral marketing is likely to be a problem under the regulations. The Government has issued guidance and also updated its general guidance on "Price indications" so anyone interested in how this affects pricing of goods should have a look at that too.
  • James · 1 year ago
    There are so many companies, which opens their branches in India.

    They work as UK based company and earn money as UK standards, still they are not performing work in UK.

    The main reason is people from India and other Asian countries are now becoming more and more stronger in software field in compare to rest of the world.

    Still companies can create job opportunities in UK by hiring candidates from overseas.
  • James · 1 year ago
    There are so many companies, which opens their branches in India.

    They work as UK based company and earn money as UK standards, still they are not performing work in UK.

    The main reason is people from India and other Asian countries are now becoming more and more stronger in software field in compare to rest of the world.

    Still companies can create job opportunities in UK by hiring candidates from overseas.
  • Keiron · 1 year ago
    Some interesting points there and Tim's post has given me the kick up the backside to go and create such a policy for my blogs with advertising on (been meaning to for ages!).
  • Keiron · 1 year ago
    Some interesting points there and Tim's post has given me the kick up the backside to go and create such a policy for my blogs with advertising on (been meaning to for ages!).
  • morgan · 1 year ago
    Thanks for the information, it's very helpful! :) Now I just need to get to work on some official sounding policies…
  • morgan · 1 year ago
    Thanks for the information, it's very helpful! :) Now I just need to get to work on some official sounding policies…
  • George · 1 year ago
    I am glad they haven't done this in the US. It sounds as if this it's going to be difficult to comply with these laws, because there is room for interpretation. Reminds me a little of Google Adsense TOS.

    Hope this kind of regulation never hits the States. Thanks for letting us know about it. Stumbled...
  • George · 1 year ago
    I am glad they haven't done this in the US. It sounds as if this it's going to be difficult to comply with these laws, because there is room for interpretation. Reminds me a little of Google Adsense TOS.

    Hope this kind of regulation never hits the States. Thanks for letting us know about it. Stumbled...
  • Amalaki · 1 year ago
    I am curious as to how any of this would apply to say a network marketing firm too. Affiliates aren't much different.
  • Amalaki · 1 year ago
    I am curious as to how any of this would apply to say a network marketing firm too. Affiliates aren't much different.
  • Lord Matt · 1 year ago
    Wow. Nice one Andy. Thanks for bring that to my (and every one else's) attention.
  • Lord Matt · 1 year ago
    Wow. Nice one Andy. Thanks for bring that to my (and every one else's) attention.
  • Jean Lafitte · 1 year ago
    Wow, that's pretty crazy stuff. Thank God there are enough international waters - otherwise us blog pirates would soon have no more jobs - arrr!
  • Jean Lafitte · 1 year ago
    Wow, that's pretty crazy stuff. Thank God there are enough international waters - otherwise us blog pirates would soon have no more jobs - arrr!
  • Luke · 1 year ago
    OK, so they are trying to separate commercial from non commercial content? That seems to be key here.

    The things about impersonation, fake qualifications, fake scarcity etc, well I'm glad to see those laws, even though I'm a marketer. I think those things are just shortcuts from creating quality content and value. And you don't tend to find these things coming from reputable merchants (but maybe some of their affiliates).

    The one killer there though, is the commercial-intent-to-be-declared-at all-times angle. I don't like that at all. Not stating commercial intent is at the heart of the affiliate-product-review business model, which consumers don't know are funded by commissions.

    Interesting.

    Affiliates would be hurt more by this. Not so much merchants.

    Luke
  • Luke · 1 year ago
    OK, so they are trying to separate commercial from non commercial content? That seems to be key here.

    The things about impersonation, fake qualifications, fake scarcity etc, well I'm glad to see those laws, even though I'm a marketer. I think those things are just shortcuts from creating quality content and value. And you don't tend to find these things coming from reputable merchants (but maybe some of their affiliates).

    The one killer there though, is the commercial-intent-to-be-declared-at all-times angle. I don't like that at all. Not stating commercial intent is at the heart of the affiliate-product-review business model, which consumers don't know are funded by commissions.

    Interesting.

    Affiliates would be hurt more by this. Not so much merchants.

    Luke