UK advertising codes to be amended to reflect new DMCCA

The question

What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?

The key takeaway

The Committees of Advertising Practice and Broadcasting Advertising Practice (CAP and BCAP) have consulted on sweeping changes they propose to make to the CAP and BCAP Codes (Codes) to better align these with the Digital Markets, Competition and Consumers Act 2024 (DMCCA) and other earlier legislation. The Advertising Standards Authority (ASA) has indicated how it intends to enforce the new rules in the coming months.

The background

The CAP and BCAP Codes set out the UK’s rules for non-broadcast and broadcast advertising, respectively. These rules are enforced by the ASA as the UK’s regulator for ads. The DMCCA marks a significant change to the consumer protection law regime in the UK, including in terms of the do’s and don’ts of marketing, as well as the Competition and Markets Authority’s (CMA) powers to enforce the same. For more background on the DMCCA and how we got here, take a look at our previous Snapshots here and here.

The development

The consumer protection law shake-up under the DMCCA took effect on 6 April 2025 and includes key changes to the laws on marketing, such as stronger rules on misleading ads, prohibiting “drip pricing”, cracking down on fake reviews and introducing greater protections for vulnerable consumers. For more on the specific changes that took effect on 6 April, see our article here.

In response to the changes brought about by the DMCCA, CAP and BCAP set out their proposed amendments to the Codes as part of a consultation that closed on 5 February 2025. The suggested changes largely mirror the changes in the DMCCA, for example:

• amending CAP Code rule 3.20 to reflect the new requirement to include “optional” fees in marketing communications, and
• introducing a new rule 3.44 to reflect the new prohibition on fake reviews.

In addition to reflecting the changes being brought in by the DMCCA, the proposed updates to the Codes also include changes seeking to better align the Codes with the wording of earlier pieces of legislation, such as the Business Protection from Misleading Marketing Regulations 2008 (BPRs).

Following the CMA’s recent announcement on how it intends to enforce the DMCCA in the coming months (for more on which, see our previous article), the ASA has similarly announced that it intends to follow the CMA’s lead in this respect (other than for testimonials and endorsements, where it will continue to apply its existing rules).

Why is this important?

The DMCCA has introduced the largest shake-up of the consumer protection regime in the UK in decades, and its effects will ripple throughout industry for years and years. The CAP and BCAP consultation on the changes to be made to the Codes highlight the need to align consumer protection legislation with the rules on advertising, and follow CAP and BCAP’s protocol of consulting on significant changes to the Codes.

Advertisers in all industries should pay close attention to the changes to the rules once finalised. Whilst these amendments will largely mirror the changes being introduced by the DMCCA, alignments with other prior legislation are set to be introduced, such that advertisers should be mindful of the full suite of changes that are to come into effect.

Any practical tips?

Edgy advertising and marketing tactics may bring rewards, but think very, very carefully before deploying them as we enter a whole new era of consumer protection regulation. At the very least:

• check your adverts – make sure all claims are accurate and backed-up with substantiating evidence
• be upfront about pricing – look to display the full cost, including any extra fees
• monitor reviews – only use genuine customer reviews in promotions
• stay cautious with health claims – if you’re advertising health benefits, make sure these can be substantiated
• consider your audience – avoid ads that could take advantage of vulnerable consumers.

Spring 2025