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Regulation and ethics

Advertising codes, disclosure, consent and data protection across markets, and the ethics of persuasion. Not legal advice.

4 pieces30 min

  1. Advertising standards and self-regulation: the codes every claim must pass

    How the ICC Code sets a common floor, how self-regulation works in the UK and across Europe, what the UAE, Saudi Arabia and Egypt add, and a claims procedure for honesty, substantiation, comparisons and children. General information, not legal advice.

    In short
    • The ICC Code, revised in September 2024, is the common floor: legal, decent, honest and truthful, with evidence in hand before a claim runs.
    • Self-regulation is fast and cheap for everyone, but it sits on top of the law: in the UK the ASA can refer persistent offenders to Trading Standards.
    • In the Gulf and Egypt the rules are mainly statutory, enforced by media and consumer regulators; plan for them per market, and keep a claims register.
  2. Data protection for marketers: lawful basis, consent and rights, from the GDPR to the Gulf

    What a marketer must decide before using personal data: the lawful basis, when consent is needed, what legitimate interests allow, and the rights people hold, under the GDPR, the UK's 2025 reforms, California's rules and the laws of Saudi Arabia, the UAE and Egypt, as of 2026. General information, not legal advice.

    In short
    • Pick the lawful basis per purpose before you collect: consent where another law demands it, legitimate interests only with a written balancing test, and an objection to marketing always wins.
    • California runs on opt-out and new 2026 rules for risk assessments; Saudi Arabia requires consent for direct marketing and has enforced its law since September 2024.
    • Egypt's regulations arrived in November 2025 with a one-year grace period, and the UAE's are still awaited in 2026: build to the strictest common standard now.
  3. Influencer and endorsement disclosure: the FTC, the UK, the EU and the Gulf permits

    When a creator's post is an ad, how to label it in the US, the UK and the EU, what the UAE Advertiser Permit and Saudi Arabia's Mawthooq licence require as of 2026, and the contract and monitoring routine that keeps a campaign clean. General information, not legal advice.

    In short
    • Any material connection (money, product, discount, commission, job or family tie) must be disclosed in the post itself, in plain words, before people engage.
    • The brand is responsible too: the FTC expects training and monitoring, and in the UK the CMA can now fine directly, up to 10% of global turnover.
    • In the Gulf a label is not enough: UAE creators need an Advertiser Permit, mandatory since February 2026, and Saudi creators who earn from ads need a Mawthooq licence.
  4. Consent for email, SMS and messaging: CAN-SPAM, the TCPA, CASL, PECR and WhatsApp

    Which rule decides whether you may send a marketing email, text or WhatsApp message, how the US opt-out model differs from the opt-in rules of Canada, the UK and the EU, where the TCPA stands in 2026, what the platforms add, and a consent checklist to run before the next send. General information, not legal advice.

    In short
    • US email runs on opt-out; Canada, the UK and the EU require consent before marketing email and texts to individuals, with narrow exceptions such as the soft opt-in.
    • The TCPA moved in 2025 and 2026: the one-to-one consent rule was struck down, the revoke-all rule is delayed to 31 January 2027, and courts now read the statute for themselves.
    • Consent does not travel between channels or senders: record who agreed, to what, when and how, and make leaving as easy as joining, everywhere at once.

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