On March 1, the scope of the UK’s Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (“CAP Code”) was significantly expanded to apply to a variety of new technologies, including online social networks, online video advertisements, viral advertisements, in-game advertisements, and advertisements transmitted via web widgets, and online sales promotions and prize promotions.  The Code regulates non-broadcast marketing communications in the UK, and includes rules intended to prevent misleading or deceptive advertising, as well as to protect vulnerable classes, including children. 

Going forward, advertisements and other marketing communications by or from companies, organizations or sole traders on their own websites, or in other non-paid-for space online under their control, that are directly connected with the supply or transfer of goods, services, opportunities and gifts will fall under the Code. 

The CAP Code underpins the UK’s self-regulatory framework for regulating marketing and promotional communications over non-broadcast mediums, and the Committee of Advertising Practice (CAP) and the UK’s Advertising Standards Authority (ASA) oversee its application and enforcement, with backstop enforcement provided by the UK’s Office of Fair Trading. 

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Photo of Dan Cooper Dan Cooper

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing…

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies. Dan regularly lectures on the topic, and was instrumental in drafting the privacy standards applied in professional sport.

According to Chambers UK, his “level of expertise is second to none, but it’s also equally paired with a keen understanding of our business and direction.” It was noted that “he is very good at calibrating and helping to gauge risk.”

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as the IAPP’s European Advisory Board, Privacy International and the European security agency, ENISA.