The Consumer Protection from Unfair Trading Regulations 2008 (the “Regulations”) prohibit you from treating visitors to your site unfairly.
Under the Regulations, certain practices are prohibited in all circumstances. Such practices are considered to be unfair regardless of whether they have an effect on a consumer’s decision to make a purchase or not. These practices are commonly known as “blacklisted” practices.
This guidance note is to help you identify the blacklisted practices that you may commit when engaging in affiliate marketing. If you identify that you are carrying out any blacklisted practices you must remove content related to such immediately.
What blacklisted practices are specifically relevant to affiliate marketing?
Under the Regulations, there are 31 blacklisted practices that are considered in all circumstances unfair and thus are prohibited.www.legislation.gov.uk/uksi/2008/1277/schedule/1
In relation to affiliate marketing, there are 2 prohibited practices that you may specifically find yourself committing:
- using editorial content in the media to promote a product where a merchant has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer.
- falsely claiming or creating the impression that you are not acting for purposes relating to your trade, business, craft or profession, or falsely representing yourself as a consumer.
What does this mean?
When you are writing about a merchant or a merchant’s product, because a payment will be made to you for driving traffic to that merchant’s site, you are required to provide clear and unambiguous notice to visitors that you may earn a commission for recommending products on your website.
What should you do now?
Review you website now and make sure that you are not committing a blacklisted practice. If you identify a blacklisted practice you must remove content in relation to such immediately. If you commit a blacklisted practice, you will be committing an offence.
Remember, YOU ARE RESPONSIBLE FOR THE CONTENT ON YOUR WEBSITE.
If you have questions you can speak directly to our compliance officer here.
Do you believe that an affiliate is acting unethically? Complete the Unethical Advertising Claims form and MoreNiche will investigate.