Best Advertising and Marketing Lawyers in Aberdeen

About Advertising and Marketing Law in Aberdeen, United Kingdom

Aberdeen has a diverse economy that spans energy, life sciences, food and drink, tourism, education, and a growing technology sector. Businesses in Aberdeen market across traditional media, outdoor placements, events and sponsorships, and increasingly through digital channels and influencer collaborations. Advertising and marketing activity here is regulated primarily at a UK-wide level, with some Scotland-specific rules and local authority controls that matter for outdoor advertising and certain sector promotions.

In the United Kingdom, advertising standards are set and enforced by the Advertising Standards Authority using the CAP Code for non-broadcast marketing and the BCAP Code for broadcast advertising. Consumer protection, pricing, and marketing practices are overseen by the Competition and Markets Authority and local Trading Standards. Data-driven marketing must comply with UK GDPR and the Privacy and Electronic Communications Regulations. In Scotland, local planning controls and licensing rules can affect the placement and content of some marketing, particularly outdoor signage and alcohol promotions. Aberdeen City Council is the planning and Trading Standards authority for the city.

Why You May Need a Lawyer

Legal advice can help you prevent costly complaints, fines, take-downs, and reputational damage. Common reasons to consult a lawyer include clearance of claims before launching a campaign, drafting or reviewing marketing and influencer agreements, ensuring price and savings claims are substantiated, and setting lawful terms and conditions for promotions, competitions, and prize draws. Legal support is also important for sector-specific rules such as financial services, health products, alcohol, gambling, and food supplements. If you are using customer data for email, SMS, or targeted advertising, you may need advice on consent, soft opt-in, profiling, cookies, and lawful bases under UK GDPR and PECR.

Businesses often seek help when responding to an ASA complaint, dealing with Trading Standards or the CMA on pricing or green claims, or handling an ICO investigation into marketing communications. A lawyer can guide you on comparative advertising that references competitors, protect your brand through intellectual property clearance, and mitigate risk with out-of-home advertising that requires planning consent. For Aberdeen-based companies, local advice can also address signage in conservation areas, events and sponsorship around city venues, and compliance for alcohol promotions under Scottish licensing law.

Local Laws Overview

Advertising standards are set by the CAP and BCAP Codes, enforced by the ASA across the United Kingdom. The Codes require that ads are legal, decent, honest, and truthful, that claims are substantiated, and that particular care is taken with vulnerable audiences such as children. Broadcast ads are co-regulated with Ofcom, while non-broadcast marketing includes websites, social media, influencer content, direct marketing, and outdoor advertising. Sector-specific rules apply to alcohol, gambling, medicines and medical devices, financial promotions, and foods including nutrition and health claims.

Consumer protection law that affects marketing includes the Consumer Protection from Unfair Trading Regulations, the Business Protection from Misleading Marketing Regulations, the Consumer Contracts Regulations for distance selling, the Consumer Rights Act, and the Price Marking Order, which requires VAT-inclusive pricing in most consumer contexts. The Competition and Markets Authority provides guidance and takes enforcement action on issues such as misleading price reductions, drip pricing, pressure selling, subscription traps, and environmental claims. The Digital Markets, Competition and Consumers Act 2024 strengthens consumer enforcement and introduces new requirements in areas like subscriptions and fake reviews, with commencement dates phased in, so businesses should check the current status before launching campaigns.

Data-driven marketing must comply with UK GDPR and the Data Protection Act 2018, alongside the Privacy and Electronic Communications Regulations for cookies, email, SMS, and telemarketing. Firms must respect the Telephone Preference Service and Corporate TPS for live calls and obtain valid consent for most electronic direct marketing to individuals. Cookie use and similar tracking technologies require consent unless a limited exemption applies, and transparency through clear notices is essential.

In Scotland, local planning controls apply to outdoor advertisements and signage. Aberdeen City Council is the planning authority that manages advertisement consent, including controls in conservation areas and for listed buildings. Businesses should factor in lead times and permit conditions for billboards, shopfront signs, window vinyls, digital screens, and event banners. Planning enforcement can require alteration or removal of non-compliant signage.

Scottish licensing law also affects some marketing. The Licensing Scotland Act imposes restrictions on alcohol promotions, including rules on irresponsible promotions in licensed premises and limits on off-sales promotions. The CAP Code has strict alcohol advertising rules on targeting and content that apply across the UK. Gambling advertising must comply with the CAP and BCAP Codes and Gambling Commission requirements, with strong protections for under-18s and vulnerable persons.

Frequently Asked Questions

What rules apply to influencer marketing and social media posts?

Influencer marketing is regulated by the CAP Code, the ASA, and consumer protection law on unfair commercial practices. Posts must be obviously identifiable as ads using clear labels such as Ad or Advert. The label should be upfront, prominent, and understood by the target audience. Brands are responsible for ensuring influencers make only substantiated claims, disclose material connections, and comply with sector rules on age-restricted products, promotions, and privacy.

Do I need consent to send marketing emails or SMS to customers?

Most marketing emails and SMS to individuals require prior consent under the Privacy and Electronic Communications Regulations. A limited soft opt-in can apply if you obtained details during a sale or negotiations for your own similar products or services and provided a clear opt-out at collection and in every message. For corporate subscribers, rules are more flexible, but UK GDPR still applies. Maintain an accurate suppression list and respect opt-outs promptly.

What are the rules for price promotions, discounts, and RRPs?

Prices and savings claims must be truthful, clear, and not misleading. You must be able to substantiate reference prices, including recommended retail prices and previous prices, and avoid creating a misleading impression of a saving. The CMA and Trading Standards scrutinize was or from claims, time-limited offers, and drip pricing where mandatory fees are revealed late. Display VAT-inclusive prices for consumer ads unless a clear exception applies and present any delivery or compulsory charges transparently upfront.

Are there special rules on alcohol marketing in Scotland?

Yes. The CAP and BCAP Codes impose strict content and targeting rules for alcohol ads across the UK, such as not appealing to under-18s or implying social or sexual success. In Scotland, licensing law restricts certain promotions in on-sales and off-sales settings, and there are controls on display and promotion within licensed premises. Aberdeen venues and retailers should ensure promotions comply with licensing conditions and local enforcement policies, in addition to ASA rules.

When do I need permission for outdoor ads or shop signage in Aberdeen?

Outdoor ads and many types of signage require advertisement consent under Scottish planning law, administered by Aberdeen City Council. Requirements vary by size, illumination, location, and whether the building is listed or in a conservation area. Before installing billboards, projecting signs, digital screens, banners, or large window graphics, check whether consent is needed and what conditions apply. Unlawful signage can be removed and may trigger enforcement action.

How are environmental and sustainability claims assessed?

Green claims must be accurate, clear, and substantiated with robust evidence. Avoid vague or absolute terms like eco-friendly or zero impact unless you can prove them across the product life cycle. Specify the basis of the claim, avoid hiding trade-offs, and do not exaggerate benefits. The CMA Green Claims Code and ASA guidance apply UK-wide and enforcement has increased for misleading environmental messages, including for energy, transport, fashion, and food.

Can I run competitions or prize draws, and what must I include?

Yes, but you must comply with the CAP Code and consumer law. Set clear, accessible terms that cover the promoter identity, eligibility, start and closing dates, how to enter, any purchase or postage costs, the number and nature of prizes, winner selection and notification, and any tie-breakers. Avoid undue restrictions that were not disclosed at the outset. Keep evidence of a fair, random, or unbiased selection process and avoid turning a prize draw into an unlawful lottery through paid entry without a free route.

What are the risks of comparative advertising that names a competitor?

Comparative ads are allowed if they are not misleading, compare like for like, are objectively verifiable, and do not denigrate a competitor or their trademarks. You must hold evidence that substantiates every comparative claim and make verification information available. Unlawful comparisons can lead to ASA rulings, Trading Standards action, or civil disputes such as trademark infringement or malicious falsehood claims.

How do I lawfully use customer reviews and testimonials?

Only use genuine, representative reviews and do not suppress negative feedback to create a misleading impression. Disclose if an endorsement was incentivized. Do not edit testimonials in a way that changes meaning. If you claim average ratings, ensure they are calculated fairly from an adequate sample. Be aware that new UK consumer rules increase scrutiny of fake reviews and unfair review practices. Keep records to substantiate review claims and ensure any personal data use complies with UK GDPR.

What happens if someone complains to the ASA about my ad?

The ASA will assess the complaint and may seek your response and evidence. If the ASA upholds the complaint, you will usually be required to amend or withdraw the ad and avoid similar issues in future. Adverse rulings are published and can trigger media refusal to carry your ads. For serious or persistent breaches, the ASA can refer matters to Trading Standards or other regulators. Legal counsel can help you respond effectively and adjust your compliance processes.

Additional Resources

Advertising Standards Authority, Committee of Advertising Practice, and Broadcast Committee of Advertising Practice for advertising rules and guidance, including CAP Copy Advice.

Competition and Markets Authority for consumer protection and pricing guidance, including green claims and subscription practices.

Information Commissioner's Office for UK GDPR and PECR guidance on direct marketing, cookies, and data rights.

Aberdeen City Council Planning for advertisement consent and signage controls, and Aberdeen City Council Trading Standards for consumer protection in the city.

Trading Standards Scotland for Scotland-wide enforcement coordination on fair trading and scams.

Ofcom for broadcast regulation, including co-regulation with the ASA for advertising standards on television and radio.

Financial Conduct Authority for financial promotions and sector-specific advertising requirements, including cryptoasset promotions.

Gambling Commission for advertising standards and social responsibility in gambling marketing.

Medicines and Healthcare products Regulatory Agency for advertising of medicines and medical devices and use of health claims.

Phone-paid Services Authority for premium rate services and marketing that uses charge-to-bill mechanisms.

Telephone Preference Service and Corporate TPS for opt-out registers relevant to live sales calls in the UK.

Law Society of Scotland for finding and verifying solicitors experienced in advertising, marketing, and media law.

Next Steps

Audit your current and planned marketing. List all claims, comparisons, qualifications, and calls to action. Gather substantiation for each claim and check that key information is presented clearly and upfront. Review your pricing structure for any drip fees, delivery charges, or time-limited savings that must be disclosed early.

Map your data-driven activity. Confirm the lawful basis for each channel, whether consent is needed, and how you record and honor opt-outs. Review your cookie notice and consent mechanism and make sure your suppression lists and preference centers are working.

Check sector and local requirements. If you plan alcohol, gambling, health, or financial promotions, apply the relevant Code rules and regulator guidance. For outdoor or shopfront activity in Aberdeen, contact the planning authority early to confirm whether advertisement consent is required and factor approval timelines into your schedule.

Prepare promotion documents. Draft clear, fair terms for competitions, prize draws, and sales promotions. Put influencer and affiliate agreements in place that require compliance with the CAP Code and ensure pre-publication approvals and record keeping.

Seek legal advice. Engage a solicitor experienced in advertising and marketing law, ideally with knowledge of Scottish licensing and local planning practice. Ask about fixed-fee clearance for campaigns, timelines for review, and support in the event of an ASA, Trading Standards, CMA, or ICO inquiry.

Implement governance. Train your marketing and sales teams on the CAP and BCAP Codes, consumer law, and data protection. Set a sign-off process that includes legal checks for higher risk campaigns. Keep central records of claims substantiation, approvals, and consents to respond quickly to complaints or regulatory requests.

If you receive a complaint or regulatory contact, pause the relevant campaign if necessary, preserve all materials and data, and seek advice promptly. A timely, evidence-backed response can often reduce risk and protect your brand.