Best Advertising and Marketing Lawyers in Aberdeen

About Advertising and Marketing Law in Aberdeen, United Kingdom

Advertising and marketing in Aberdeen operates within the United Kingdom regulatory system, with additional Scottish planning controls and local enforcement by Aberdeen City Council and Trading Standards. Most day-to-day advertising standards are set by the Committee of Advertising Practice and the Broadcast Committee of Advertising Practice, and applied by the Advertising Standards Authority. Consumer protection rules, data protection and e-privacy, and sector specific regimes also apply. If you advertise nationally from Aberdeen, your campaign must comply across the UK. If you advertise locally in Aberdeen, you must also consider Scottish planning rules and council permissions for outdoor and experiential activity.

The legal framework covers truthfulness and substantiation of claims, fair pricing and promotions, transparency in influencer and affiliate marketing, data protection for direct marketing, and special rules for sensitive products such as alcohol, gambling, financial services, medicines, and food supplements. Regulators can require changes or withdrawal of ads, impose fines in some areas, and take court action for serious breaches. Getting advice early helps avoid reputational harm and wasted media spend.

Why You May Need a Lawyer

You may need a lawyer when drafting or clearing advertising claims to ensure they are substantiated and not misleading. This is especially important for comparative, superlative, green, health, and savings claims, where evidence requirements are strict.

Legal help is valuable when structuring influencer, ambassador, and affiliate arrangements. You will need clear contracts, control over claims and content, compliant disclosure such as clear ad labels, and robust approval processes.

If you run price promotions, multibuy offers, RRPs, or reference prices, you may need advice to comply with consumer protection law and pricing guidance. Mistakes can lead to misleading price allegations.

For direct marketing, email, SMS, cookies, and retargeting, a lawyer can help you comply with UK GDPR and the Privacy and Electronic Communications Regulations, including consent, soft opt-in, cookies notices, and preference management.

Businesses planning shopfront signs, billboards, A-boards, or branded installations in Aberdeen often need legal and planning support to assess whether advertisement consent or permission is required, especially in conservation areas and near roads.

If you run competitions, prize draws, or promotions, legal input can help you draft fair terms and conditions, avoid creating an unlawful lottery, comply with age restrictions, and handle data properly.

Sector specific campaigns, including alcohol, gambling, financial promotions, medicines, foods with health claims, and vaping products, carry additional rules and enforcement risk. A lawyer can coordinate approvals and risk assessments.

If you receive an ASA complaint, Trading Standards inquiry, or an investigation by the Competition and Markets Authority or the Information Commissioner, legal representation helps manage responses, remedies, and reputational issues.

Intellectual property issues arise often, such as clearance for music, images, fonts, and user generated content, or disputes about trademarks and passing off. Legal review reduces infringement risk.

Agency, talent, and media contracts benefit from legal scrutiny for indemnities, approvals, kill fees, intellectual property ownership, performance metrics, and termination rights.

Local Laws Overview

Advertising standards codes. The CAP Code applies to non-broadcast marketing communications, including online, influencer, social media, email, out of home, and print. The BCAP Code applies to broadcast TV and radio. The ASA enforces both codes across Aberdeen and the UK.

Consumer protection. The Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008 prohibit misleading actions, omissions, aggressive practices, and unfair comparative claims. Aberdeen City Council Trading Standards can investigate local breaches and coordinate with national bodies.

Pricing practices. The UK Pricing Practices Guide and the Price Marking Order 2004 set expectations for clear, accurate, and consistent pricing and unit pricing. Savings claims and RRPs must be genuine and verifiable.

Data and e-privacy. The UK GDPR and Data Protection Act 2018 govern personal data used in marketing. The Privacy and Electronic Communications Regulations 2003 cover email and SMS marketing, telemarketing, and cookies. Consent and soft opt-in rules apply, with opt-outs and transparency requirements.

Planning and outdoor ads. In Aberdeen, outdoor advertising, billboards, illuminated signs, and many shopfront signs may require advertisement consent under Scottish planning controls. Requirements are stricter in conservation areas and near roads. Flyposting is prohibited. You should check Aberdeen City Council guidance before installing signage or running experiential activity in public spaces.

Events and street activity. Sampling, street trading, branded pop-ups, and amplified promotions may require permissions, licences, or landowner consent. Early engagement with the council helps avoid enforcement or removal of installations.

Sector specific rules. Alcohol, gambling, financial services, medicines, vaping, and foods with health claims are subject to additional UK rules, codes, and statutory regimes. For broadcast and on-demand content, Ofcom rules and the BCAP Code apply. The Portman Group outlines alcohol naming, packaging, and promotion rules. The Gambling Commission regulates gambling promotions. The FCA oversees financial promotions, including the regime for cryptoasset promotions.

Environmental claims. The Competition and Markets Authority enforces misleading environmental claims, guided by the Green Claims Code. Claims such as carbon neutral, recyclable, or sustainable must be specific, evidence based, and not overstate lifecycle benefits.

Disclosure and e-commerce. Company identity and service information must be provided under the Electronic Commerce Regulations 2002 and Companies Act 2006. Consumer Contracts Regulations 2013 impose pre-contract information and cancellation rules for distance sales.

Intellectual property. Using third party content in ads requires clearance. Trademarks, copyright, designs, and passing off protect brands and assets used in campaigns. Infringement can lead to takedown and damages.

Frequently Asked Questions

Who regulates advertising in Aberdeen

The ASA applies the CAP and BCAP Codes to non-broadcast and broadcast ads across the UK. Aberdeen City Council Trading Standards enforces consumer protection rules locally. The ICO oversees data and e-privacy. Ofcom covers broadcast standards. Sector regulators include the FCA for financial promotions, MHRA for medicines, the Gambling Commission for gambling, and the Portman Group for alcohol marketing.

Do I need permission for a shop sign or billboard in Aberdeen

Often yes. Many signs and all larger billboards require advertisement consent under Scottish planning rules, with stricter controls in conservation areas and near roads. You should check requirements with Aberdeen City Council before installing, as unlawful signage can be removed and may attract penalties.

What disclosures are needed for influencer marketing

Influencer content that is paid for or controlled by a brand must be clearly identified as advertising upfront. Labels such as Ad or Advertisement should be obvious and immediate. Affiliate links and gifted items usually also require disclosure. Brands remain responsible for ensuring claims are substantiated and that targeting and content comply with the CAP Code.

Can I email or text people in Aberdeen with marketing without consent

For individuals, you generally need prior consent, unless the soft opt-in applies. Soft opt-in requires that you obtained the contact during a sale or negotiations for your own similar products or services, offered an opt-out at collection, and include an easy opt-out in every message. You must identify yourself and keep accurate preference records.

How should I substantiate claims such as best, number one, or environmentally friendly

Have objective, current evidence before publishing the claim. Comparative and superlative claims typically require robust, like-for-like data. Environmental claims must be specific, not absolute without proof, and reflect the full lifecycle where relevant. Keep a clear audit trail of your evidence and methodology in case of challenge.

What are the rules on price promotions and RRPs

Reference prices must be genuine and not misleading. If you show a Was price, it should be a price you actually charged for a meaningful period, not a brief or token period. RRPs should reflect a genuine recommended price used by the market. Clearly state significant conditions, time limits, and any compulsory fees in the headline price where possible.

What do I need to run a prize draw or competition

Draft transparent terms covering eligibility, start and end dates, entry routes, selection and verification of winners, prizes, and how to claim. Avoid creating an unlawful lottery by ensuring free entry or a genuine free route. State any age restrictions. Administer fairly and keep records. Inform entrants about how their data will be used and retained.

Are there extra rules for alcohol, gambling, financial, medicine, and vaping ads

Yes. Alcohol ads must not target minors or link drinking to social or sexual success. Gambling ads must be socially responsible and avoid appeal to children. Financial promotions must be fair, clear, and not misleading, and may need approval by an authorised firm. Prescription only medicines cannot be advertised to the public. Vaping and tobacco related promotions face strict or near total prohibitions in many media.

What happens if the ASA upholds a complaint about my ad

You will be required to amend or withdraw the ad. The ruling will be published, media owners may refuse further ads, and the ASA can apply sanctions such as paid search ads highlighting non-compliance. Persistent breaches can be escalated to Trading Standards or other regulators for enforcement.

What contracts should I have with agencies and influencers

Use written agreements that cover deliverables, content approvals, compliance with laws and codes, disclosure obligations, substantiation of claims, usage rights and ownership, fees and payment, timelines, confidentiality, data protection, indemnities, termination, and dispute resolution. Ensure your agreements align with your internal compliance process.

Additional Resources

Advertising Standards Authority and the CAP and BCAP Codes for non-broadcast and broadcast advertising rules and guidance.

Aberdeen City Council Planning Service for advertisement consent, shopfront design, and outdoor advertising permissions.

Aberdeen City Council Trading Standards for local enforcement of consumer protection and pricing rules.

Information Commissioner’s Office for data protection, direct marketing, cookies, and PECR guidance.

Competition and Markets Authority for misleading practices, green claims guidance, and consumer enforcement.

Ofcom for broadcast standards and sponsorship rules.

Financial Conduct Authority for financial promotions, including cryptoasset promotions regime.

Medicines and Healthcare products Regulatory Agency for medicines and medical devices advertising.

Gambling Commission for gambling advertising and promotions compliance.

Portman Group for alcohol naming, packaging, and promotion codes.

Next Steps

Map your campaign. Identify claims, media channels, audiences, timing, targeting, and jurisdictions. Flag high risk areas such as environmental, health, savings, and comparative claims.

Gather evidence. Compile substantiation for all objective claims, including testing, surveys, certifications, and methodologies. Keep documentation in a central file.

Review permissions. Check whether you need advertisement consent or event permissions for any signage, billboards, sampling, or installations in Aberdeen.

Check data compliance. Confirm consent or soft opt-in for email and SMS, implement clear unsubscribe routes, update your privacy notice, and review cookie banners and pixel use.

Draft materials. Prepare compliant ad copy, visuals, disclaimers, and T and Cs for promotions. Ensure disclosures are prominent and understandable on every platform.

Contract with partners. Put in place agreements with agencies, media owners, influencers, and prize partners that allocate responsibility for compliance and include approval and takedown rights.

Undertake legal clearance. Ask a solicitor with advertising and marketing experience in Scotland and the wider UK to review claims, targeting, sector rules, pricing, and promotional mechanics.

Train your team. Brief marketing, sales, and customer support on key rules, approvals, and escalation procedures. Maintain checklists for sign off.

Monitor and respond. Track campaign performance and feedback, respond quickly to complaints or regulator queries, and be ready to amend or pause activity if issues arise.

Important. This guide is for general information only and is not legal advice. If you need advice on your specific situation in Aberdeen, consult a qualified solicitor.