In a wide-ranging crackdown across the digital UK, brands are being forced to rethink how they create, market and deliver their promotions. Whether it’s a casino bonus or a discount code for an online shop, rules about how promotions can be advertised online are changing, and with considerable pace.
A new compliance baseline
Regulation has become one of the key forces shaping how digital promotions are designed and presented, particularly in sectors where clarity and fairness are under increasing scrutiny. In the UK, tighter guidance from bodies such as the UK Gambling Commission and the Advertising Standards Authority has pushed operators to rethink how offers are communicated, moving away from complex terms towards more transparent structures without hidden wagering requirements. This shift is not just about compliance, but also about meeting rising user expectations around trust and accessibility. The Gambling Commission guidance on free offers and bonuses which was published in November sets out in detail what should be included in the terms and conditions of any promotions to ensure that terms and conditions are prominent, clear and fair. While the Commission’s guidance is specifically designed for the gambling sector, it has caused a number of other marketing teams to start to think about the need for disclosure of terms and conditions in more detail. Conditions come with many promotions and it’s a growing area of concern for consumers.
Advertising standards and consumer protection
The Advertising Standards Authority (ASA) polices advertisers according to the provisions of the CAP Code which requires that all advertising must be legal, truthful and not misleading and mustn’t endanger users or harm the environment. The Digital Markets, Competition and Consumers Act 2024 which became law at the end of January 2024 contains provisions to curb fake reviews and drip pricing and other unfair pricing practices. All these measures are nudging in the direction of transparency, which is obviously in the best interest of consumers.
Data handling in promotions is another area where marketers will be scrutinised. Following UK GDPR consent is required for marketing and data will be expected to be used transparently. With non-compliance threatened by the ICO, marketing by consent (and with appropriate data handling) will no longer be a suggestion but a legal requirement.
Platform-level obligations
The Online Safety Act imposed a new layer of regulation on digital platforms that carry advertising. As well as being regulated, advertisers now have to contend with the platforms and the affiliate networks they use having to meet regulatory requirements. This includes a new duty to ensure that the content they enable users to access is compliant. All of this means that advertisers have to re-think the way that their marketing campaigns are approved and delivered.
Regulation as a structural force
Facebook, Amazon, Google and Microsoft face unprecedented oversight Facebook, Amazon, Google and Microsoft, collectively known as the “Fang” tech giants, have reportedly been hit with a bevy of regulations from both FTC and Europe in recent weeks. And some analysts say these are not the type of one-off regulatory actions these technology titans will be able to brush off as a blip on the horizon. Instead, all of these new regulations, combined, may indicate a fundamental shift in how these companies approach not only their operational frameworks, but also the way they form and maintain key partnerships with consumers. Companies that “built compliance into the fabric of their operations long ago” may now have a key competitive advantage in their businesses. As such, consumers of all Fang services should be acutely aware that these regulators are there for good, and won’t be disappearing anytime soon.
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