Rules and ethics
Part of Renewal reminders or pre-contract information? Subscription commerce rules and ethics
How a subscription commerce disclosure policy applies ASA rules
A subscription commerce disclosure policy should map ASA rules to claims and evidence, and align renewal, cancellation, data-protection and marketing notices.
What to take away
What to take away
- A subscription commerce disclosure policy is a written rule set for what you tell subscribers, when and where. The ICO's Guide to the UK GDPR explains the data-protection principles and transparency duties behind it.
- The CAP advertising codes apply to promotions, pricing claims and free trials. Map each customer-facing claim to its relevant code rule and the evidence you hold.
- Your policy should name an owner, a review date and the evidence you keep for each claim.
- Regulatory assurance for multi-site operators can run through the Primary Authority scheme.
- Keep a dated before-and-after audit so you can show what changed and why.
Why a written policy beats good intentions
Most subscription disputes start with a gap between what a customer believed and what the checkout said. A policy closes that gap by fixing the wording, placement and timing of every disclosure before a campaign goes live.
Policy drafting rules
- Fix wording, placement and timing before launch
- Start from ICO lawful basis for subscriber data
- Read UK rules and compliance guide first
- Write for the page builder, not lawyers
- Use short, testable rules like pixel distance
Start with the lawful basis for holding subscriber data. The ICO's Guide to the UK GDPR explains the Article 5 principles, including fairness, purpose limitation and accuracy. The right to be informed is set out in Articles 13 and 14, which cover the information to give people when their data is collected.
Data protection is separate from marketing consent. Under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), regulation 22 generally requires consent for marketing email or text to individual subscribers, subject to the soft opt-in conditions for a business's own similar products or services.
Our UK rules and compliance guide sits alongside the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Those regulations require pre-contract information such as the total price, contract duration and cancellation information; do not attribute a general renewal-reminder duty to them.
The Digital Markets, Competition and Consumers Act 2024 sets out a subscription-contract regime that includes reminder requirements. Check GOV.UK for the applicable commencement and detailed rules before setting reminder triggers. The Consumer Rights Act 2015 also governs consumer rights and fairness of contract terms. For unfair commercial practices, use the DMCC Act 2024 regime, which replaced the Consumer Protection from Unfair Trading Regulations 2008.
Write the policy for the person who builds the page, not for a lawyer. Short rules beat long essays. For example, "the renewal price appears within 200 pixels of the subscribe button on mobile" is usable; "pricing must be clear" is not.
Map each disclosure to the rule behind it
For non-broadcast advertising, use the current CAP Code, 12th edition as amended, available on the ASA website. Broadcast advertising is covered by the BCAP Code, 7th edition as amended, also available there.
For subscription promotions, CAP Code rules 3.1 and 3.3 address misleading advertising and material omissions; rule 3.7 covers evidence for objective claims; rule 3.9 covers qualifications; and rule 3.17 covers price statements. Section 8 also applies to promotional marketing.
The ASA's advice on subscription traps covers subscription offers. For example, a “free for 30 days” claim risks misleading customers if the recurring price and when paid billing starts are not clear before sign-up. State both prominently before commitment and explain how to cancel; do not make a savings claim unless you hold evidence for the comparison.
Build a table with three columns: the claim, the evidence you hold, and the rule it answers. If a claim has no evidence line, it does not go live.
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Set the operational rhythm
A policy only works if it is checked. Put a review on the calendar each quarter, and again whenever pricing, trial length or cancellation routes change.
Operational rhythm for policy checks
- Review quarterly and on pricing changes
- Give one person authority to block campaigns
- Keep audit trailscreenshot, date, reviewer, rule
- Store evidence where finance and legal reach it
- Match disclosure policy to contract terms
Give one person the authority to block a campaign. Shared ownership is the same as no ownership, and the person closest to the copy is usually best placed to catch a claim that has drifted.
Keep the audit trail light. A screenshot, the date, the reviewer's name and the rule reference are enough for most promotions. Store them where finance and legal can both reach them.
The commercial side matters too. If your terms let you vary price or renew automatically, the disclosure policy has to match what the contract actually permits. Our guide to subscription commerce commercial contracts explains where those clauses and your customer-facing wording need to line up.
Where local regulation fits
Subscription businesses that trade across several council areas can face inconsistent local enforcement. The Primary Authority scheme lets a business agree a single regulatory position with one authority that others must have regard to. GOV.UK explains how the Primary Authority scheme works and which regulators take part.
This is assurance, not immunity. You still need your own policy, and you still need to follow it. The scheme simply reduces the chance of two councils reading the same promotion differently.
Common questions
Does a disclosure policy have to be a separate document?
No. It can sit inside your marketing or compliance handbook, provided it is written down, owned and dated. What matters is that staff can find it and that it covers pricing, trials, renewals and cancellation.
Who should approve the policy?
Someone senior enough to stop a campaign, usually the marketing lead with support from legal or a data protection adviser. Name a deputy so holidays do not stall sign-off.
How often should we review it?
Quarterly is a sensible default, plus a review whenever pricing, trial length or cancellation routes change. Record the review date even when nothing changes.
What if a promotion is already live and breaches the policy?
Pause it, record what ran and for how long, and correct the customer-facing wording before relaunching. This article is general guidance only, so take advice from a qualified adviser on your own facts.
