CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B


This conference chaired by Rupert Earle and a panel of leading experts in the law and regulation of marketing and advertising, will cover a wide range of highly topical issues, ranging from compliance issues that can arise in relation to social media influencer marketing and programmatic advertising through to GDPR and PECR and the online role of the ASA.

Conference Agenda

This Conference will cover the following topics:

9.30am - 10.15am Misleading Advertising & Other Unfair Commercial Practices

Rupert Earle, Bates Wells

Marketing only works in the long run when it is credible. How is this secured?

This session will cover:

  • Update on Competition and Markets Authority action and ASA rulings on prohibited practices, misleading actions and misleading omissions
  • The average consumer - the CityFibre case
  • Claims substantiation - the Actegy case
  • Platform liability
  • Consumer redress
  • Brexit

10.15am - 11.00am The ASA & Regulating Online Ads

Shahriar Coupal, CAP Director and ASA Director of Advertising Policy & Practice, Advertising Standards Authority

‘Wild west’, ‘out of control’, ‘ungoverned space’.

Words often used to describe the internet, a place where some say the usual rules don’t apply. It is true that some parts of the internet are unregulated, but advertising isn’t one of them. And it hasn’t been for some time.

This session will cover:

  • The ASA’s remit online
  • The ASA’s more impact online strategy
  • Protecting the vulnerable
  • Misleading advertising
  • Using technology, including machine learning

11.15am - 12.00 Social Media Influencer Marketing

Mark Smith, Purdy Smith

Influencer marketing has been a massive growth area in the marketing mix of many businesses over the last few years, but can create a number of legal issues, and is attracting increasing attention from regulators.

This session will set out a summary of the most important points to consider including:

  • Transparency issues when engaging with social media influencers
  • Considerations when using different social media platforms
  • Marketing age-restricted products via social media influencers
  • Other compliance issues that can arise with influencer marketing
  • What to include in your contracts with social media influencers

12.00 - 12.45pm Data Privacy Law - Is Your Marketing Lawful?

Victoria Hordern, Partner & Head of Data Privacy, Bates Well Braithwaite

Data privacy rules around marketing practices continue to be complex with the GDPR adding a further accountability layer.

This session will explore how to demonstrate that your marketing is lawful as follows:

  • Lawfulness under the GDPR and PECR
  • Transparency and Fairness under the GDPR
  • The new concept of accountability under the GDPR - what is it and what are the implications?
  • Carrying out Data Protection Impact Assessments and Legitimate Interest Assessments

12.45 - 1.00pm Questions on Morning Session

2.00pm - 2.50pm Gender Stereotyping

Geraint Lloyd-Taylor, Partner, Lewis Silkin

Following its research and consultation in 2018, the ASA introduced new rules in 2019 designed to challenge the use of gender stereotypes in advertising.

This session will consider:

  • The new CAP Code rule on gender stereotyping and what it covers
  • Latest examples of ASA rulings on gender stereotyping
  • How advertisers are responding to the new rules

2.50pm - 3.40pm Adtech & Programmatic Advertising: Key legal issues

Sacha Wilson, Harbottle & Lewis

The advertising industry has gone through an enormous transformation in the past decade.

One of the most significant areas is the way in which digital advertising inventory is bought and sold; in particular with the development of programmatic adverting and real-time bidding. These processes involve a dizzyingly complex ecosystem which can be extremely challenging for lawyers to navigate.

This session will cover:

  • Introduction and overview of the adtech ecosystem
  • Key commercial challenges (including brand safety, viewability, and ad fraud)
  • Contractual issues and models
  • Key data privacy compliance challenges
  • Industry self-regulation

3.55pm - 4.45pm Marketing & Advertising Workshop session

Dan Smith, Gowling WLG

A practical workshop session focusing on the issues covered during the course of the day and allowing delegates to discuss and consider the practical implications arising from them

4.45pm - Close Questions & Answers

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Conference | 05.03.2020

London | 9:30am - 5:15pm

Marketing & Advertising Law - 2020 Conference

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9:30am - 5:15pm
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