Best Advertising and Marketing Lawyers in Gateshead

About Advertising and Marketing Law in Gateshead, United Kingdom

Advertising and marketing in Gateshead are governed by a combination of national laws, industry codes, and local planning rules. At the national level, the Advertising Standards Authority and the Committee of Advertising Practice set the rules for how ads must be presented and what claims they can make. Statutes and regulations protect consumers from unfair commercial practices, regulate data and privacy in digital marketing, and create intellectual property rights for creative works. Locally, Gateshead Council enforces planning and public-space rules that affect outdoor advertising, signage and promotions within the borough.

This guide gives a plain-language overview of the legal landscape in and around Gateshead, explains common situations where legal help is useful, and sets out practical next steps for businesses and individuals who need specialist advice.

Why You May Need a Lawyer

Advertising and marketing disputes often involve fast-moving campaigns, multiple platforms and overlapping legal issues. A lawyer with advertising and marketing experience can help in several common situations:

- Campaign clearance and risk assessment before launch - to reduce the risk of complaints, enforcement or costly retractions.

- Responding to complaints from consumers, competitors or regulators - including preparing submissions to the Advertising Standards Authority or defending claims.

- Intellectual property disputes - such as allegations of copyright or trade mark infringement, or threats of passing-off claims.

- Contractual issues - drafting and negotiating influencer agreements, agency contracts, sponsorship deals, and production or licensing agreements.

- Data protection and direct marketing compliance - including consent, opt-outs, cookie notices and data-sharing arrangements under the Data Protection Act 2018 and PECR.

- Regulatory investigations or enforcement action - from trading standards, the Competition and Markets Authority, or other bodies.

- Local planning and public-space enforcement - dealing with Gateshead Council over advertising consent, enforcement notices or A-board restrictions.

Local Laws Overview

Below are key legal areas and how they commonly affect marketing activity in Gateshead. These summaries highlight the main rules you should consider - they are not exhaustive.

- Advertising Standards Authority and CAP Code - The ASA enforces the CAP Code for non-broadcast ads and the BCAP Code for broadcast ads. Ads must be legal, decent, honest and truthful. Claims must be substantiated and not misleading. Special protections apply for ads aimed at vulnerable groups and children.

- Consumer protection and unfair commercial practices - The Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015 prohibit misleading omissions, aggressive selling practices and false claims. Misleading price, savings and availability information is a frequent trigger for enforcement.

- Data protection and direct marketing - The Data Protection Act 2018 and UK GDPR govern personal data used in marketing. The Privacy and Electronic Communications Regulations - PECR - control marketing by email, SMS, automated calls and cookies. You must have the appropriate legal basis for processing data and respect opt-outs.

- Intellectual property - Copyright, trade mark and design law protect creative assets used in marketing. Using third-party images, music, brands or copy without permission can lead to infringement claims and takedown notices.

- Competition law - The Competition Act 1998 and oversight from the Competition and Markets Authority prevent anti-competitive agreements and misleading comparative claims that distort competition.

- Promotional and prize rules - Specific rules apply to competitions, prize draws and lotteries. The ASA expects clarity on eligibility, how to enter, prize fulfilment and any material conditions.

- Broadcast rules - If you use local radio or TV, the BCAP Code and Ofcom rules apply to content, scheduling and sponsorship transparency.

- Local planning and outdoor advertising - Gateshead Council administers advertisement consent under the Town and Country Planning framework. Billboards, fascia signs, banners and A-boards may require approval. Obstruction of public highways and visual amenity are common local concerns.

- Environmental and sustainability claims - The ASA and CAP publish guidance on environmental claims. Greenwash is increasingly subject to complaints, so claims must be accurate, clear and substantiated.

Frequently Asked Questions

Do I need permission to put advertising on a shopfront or building in Gateshead?

Possibly. Many kinds of signs and large displays require advertisement consent from Gateshead Council under planning rules. Temporary small signs and minor changes may be permitted development, but rules depend on size, location and the building type. Check with the local planning authority before installing fixed signage or large banners to avoid enforcement action or removal orders.

What rules apply to social media influencers and sponsored posts?

Sponsored content must be clearly and prominently identified as advertising. The CAP guidance expects influencers to make sponsorship or paid partnership status obvious to consumers. Claims about a product must be substantiated by the advertiser. Contracts should make responsibilities clear between brands and influencers, including rights to content, compliance obligations and payment terms.

Can I use photographs or music I find online in my adverts?

Not unless you have permission or a licence. Copyright protects images, music and creative content. Using third-party assets without appropriate licences can result in claims for infringement, removal notices and damages. Consider purchasing stock licences, obtaining written licences from creators, or commissioning original work.

What should I do if a competitor makes misleading claims about my product?

Collect evidence of the claims and their impact. Consider contacting the competitor to request correction or removal. If the issue persists, you can submit a complaint to the ASA if the statements are public advertisements, or consider legal action for passing off, trade mark infringement or an injunction. A lawyer can advise on the best route based on the evidence and desired outcome.

Are there special rules for marketing to children?

Yes. The CAP Code contains specific protections for ads likely to be seen by under-18s. These rules restrict content that could exploit children, set higher standards for age-appropriate targeting and limit the use of licensed characters or celebrities in ways that might unduly persuade children to buy.

How do I comply with data protection rules when running email or SMS campaigns?

You must have a lawful basis for processing personal data and comply with PECR for electronic marketing. For B2C emails and texts, you generally need prior consent unless a specific soft opt-in applies. You must provide clear opt-outs, respect do-not-call lists where relevant, and ensure proper security for stored personal data. Keep records of consent and data processing activities.

What happens if the ASA upholds a complaint about my ad?

If the ASA upholds a complaint, it will require the ad to be amended or withdrawn and publish its ruling. Media owners and platforms normally comply with ASA rulings, which can lead to removal of the offending ad. Repeated breaches can damage reputation and lead to further scrutiny. A prompt, cooperative response and corrective action reduce reputational and commercial harm.

Do I need a contract with an advertising agency or freelancer?

Yes. A clear written agreement protects both parties. Contracts should specify the scope of work, deliverables, intellectual property ownership or licences, approval processes, confidentiality, payment terms and warranties about compliance with laws and codes. Include provisions for termination and dispute resolution.

Can I make comparative claims about a competitor in my adverts?

Comparative advertising is allowed provided it is not misleading and compares like-for-like features objectively. Claims must be verifiable and should not denigrate a competitor unfairly. Keep written evidence to support comparative statements and seek legal review for contentious claims.

What are the legal implications of running a promotion or prize draw?

Promotions are subject to consumer protection rules and, depending on format, gambling and licensing legislation. Terms and conditions should be clear on eligibility, entry mechanics, prize fulfilment and notification of winners. Misleading or unfair terms can trigger complaints and enforcement. For complex prize structures, seek specialist advice before launch.

Additional Resources

Useful organisations and regulators to consult for guidance or to raise complaints:

- Advertising Standards Authority - regulator of non-broadcast advertising and enforcement of the CAP Code.

- Committee of Advertising Practice - authors of the CAP Code for non-broadcast advertising and guidance on digital advertising and influencer marketing.

- Broadcast Committee of Advertising Practice - authors of the BCAP Code for broadcast ads.

- Information Commissioner’s Office - regulator for data protection and electronic marketing rules in the UK.

- Competition and Markets Authority - advice and enforcement on competition-related and misleading commercial practices.

- Intellectual Property Office - guidance on patents, trade marks, designs and copyright registration matters.

- Gateshead Council - local planning and highways authority for advertisement consent, permitted development and public-space rules.

- Citizens Advice - general consumer advice and information on rights when you are affected by advertising practices.

- Local business groups such as the Gateshead Chamber of Commerce - for local business support and networking that can help with practical issues like signage and local permissions.

Next Steps

If you need legal assistance with advertising or marketing matters in Gateshead, follow these practical steps:

- Gather key documents and evidence - collect copies of the advertisement, screenshots, contracts, influencer agreements, consent records and any correspondence or complaints.

- Identify the legal risks - determine which issues apply - consumer protection, intellectual property, data protection, planning or competition concerns.

- Seek specialist advice - look for a solicitor or law firm experienced in advertising and marketing law or media law. Confirm their experience with ASA complaints, IP disputes, data protection and local planning where relevant.

- Consider pre-publication clearance - for high-risk campaigns, get a legal review before launch to reduce the risk of complaints or enforcement.

- Act promptly on complaints - respond quickly and cooperatively to customer complaints, ASA enquiries or local authority notices. Timely corrective action often limits damage.

- Keep records of compliance - retain evidence of claims substantiation, opt-in consents, licence agreements and approvals for signage or promotions.

- Budget for resolution - legal advice, dispute resolution and compliance changes can involve costs. Discuss likely fees and options with your lawyer and consider alternative dispute resolution where suitable.

- Use public bodies for guidance - contact the ICO for data queries, the ASA for guidance on advertising standards or Gateshead Council for planning queries. These bodies provide guidance documents and formal complaint routes.

This guide provides general information only and is not a substitute for legal advice. For advice tailored to your circumstances, contact a qualified solicitor who specialises in advertising and marketing law in the United Kingdom.