Legal Changes to Marketing in the UK Over the Years
The evolution of marketing law in the United Kingdom reflects the changing relationship between businesses, consumers, and regulators. Early frameworks were primarily concerned with preventing misleading claims and ensuring that advertising did not exploit vulnerable audiences. Over time, as technology advanced and digital platforms became central to communication, the legal landscape expanded to cover issues such as electronic communications, data protection, and consumer rights. These changes have shaped the way companies interact with the public and have established stricter boundaries around what constitutes fair and transparent marketing.
One of the most significant milestones was the introduction of the Data Protection Act 1998, which laid the groundwork for regulating how personal information could be used in marketing. This was later reinforced by the Privacy and Electronic Communications Regulations (PECR), which specifically addressed electronic marketing practices such as email campaigns and text messaging. The arrival of the General Data Protection Regulation (GDPR) in 2018 marked another turning point, harmonizing rules across Europe and introducing tougher requirements for consent. The UK retained these principles after Brexit, embedding them into domestic law through the Data Protection Act 2018, ensuring continuity while allowing for future divergence.
Recent years have seen further developments as lawmakers respond to the rapid growth of digital advertising and data-driven marketing. In 2025, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) updated advertising codes to align with unfair commercial practices provisions. This change was reported in detail by Osborne Clarke, which highlighted how the new rules affect areas such as high fat, salt, and sugar (HFSS) advertising and prescription-only medicine promotions (source). These updates demonstrate how regulators are adapting to modern challenges, ensuring that marketing remains responsible and does not mislead consumers in sensitive sectors.
Another major development has been the UK’s Data (Use and Access) Act, passed in 2025. This legislation represents the most significant update since GDPR, amending existing frameworks and introducing new provisions for smart data services and digital verification. The law substantially increases fines for non-compliance with electronic marketing rules and extends the soft opt-in exemption, reflecting a balance between consumer protection and business flexibility. Coverage of this law by MFMac emphasized its importance for both marketers and the wider public debate, noting the involvement of high-profile figures in discussions around its passage (source). The Act illustrates how marketing law continues to evolve in response to technological innovation and societal expectations.
The trajectory of UK marketing law shows a consistent trend toward greater accountability and transparency. From the early focus on preventing misleading claims to the modern emphasis on data protection and digital advertising, each stage has expanded the responsibilities of businesses engaging with consumers. The incorporation of GDPR principles, the strengthening of PECR, and the introduction of the Data (Use and Access) Act all highlight the importance of safeguarding personal information while maintaining fair competition. These changes underscore the role of law in shaping the ethical boundaries of marketing, ensuring that practices remain aligned with public trust and regulatory standards.
