ASA clarifies its jurisdiction over cross-border online ads

The question

When are cross-border online ads subject to the ASA's oversight?

The key takeaway

The Advertising Standards Authority (ASA) can enforce the CAP Code against online advertisers where (a) paid ads target UK consumers; (b) unpaid ads are published by UK-registered companies; or (c) ads appear on a UK (.uk) domain, regardless of where the advertiser is based. Overseas advertisers of UK-only products, or adverts with pricing in GBP, should be particularly alert to the ASA's remit and sanctions powers.

The background

The ASA regulates non-broadcast advertising in the UK. Consumers may complain to the ASA about ads they believe breach the CAP Code, and the ASA may also take proactive enforcement action (see here for our previous Snapshot of this topic). In an online and platform-driven advertising environment, it is not always obvious whether an ad falls within the ASA’s jurisdiction – particularly where ads are uploaded from abroad, served dynamically, or appear on global platforms.

The development

The ASA has clarified that it has jurisdiction to regulate the following categories of online advertising:

1. Unpaid marketing communications published by, or on behalf of, advertisers with a UK-registered company address.
2. Marketing communications appearing on websites using a “.uk” top-level domain, regardless of where the advertiser is based.
3. Paid marketing communications that target UK consumers.

An ad may be treated as targeting UK consumers for a range of reasons, including where it:

• appears on a UK-focused website
• is priced in GBP
• promotes products or services available only in the UK
• contains content specific to UK consumers
• is targeted using location-based criteria.

These principles apply across advertisers’ own websites, social media pages and apps. The ASA also regulates direct marketing communications (such as emails and texts) sent by marketers based in the UK, but not equivalent communications sent from outside the UK.

Where an ad falls outside the ASA's scope, the ASA may still refer the matter to the relevant regulatory body in another jurisdiction. For EU-jurisdiction ads, the ASA will refer via the European Advertising Standards Alliance.

Why is this important?

Marketers can be caught out by the CAP Code’s reach when advertising online, particularly where content is published or distributed through third parties, platforms or automated systems. Even where advertisers are based overseas, UK-facing indicators such as GBP pricing or UK-specific availability may be sufficient to trigger ASA oversight.

The ASA has a wide range of enforcement tools at its disposal, including:

• naming and shaming non-compliant advertisers on its website (including through SEO visibility)
• requesting the removal of paid ads from search engines
• placing paid ads highlighting an advertiser’s non-compliance
• working with platforms to remove or restrict non-compliant content.

Any practical tips?

Advertisers with any international footprint should consider reviewing their online advertising practices to identify jurisdictional blind spots, including by asking:

• Do all online ads (including those on the organisation’s own website, social media pages and apps) comply with the CAP Code?
• Do ads promote products or services available only in the UK?
• Are prices displayed in GBP?
• Is the content clearly directed at UK consumers?
• Are ads targeted using location-based tools?

Spring 2026