New technologies have rapidly transformed the marketing industry. To keep pace with these changes, the International Chamber of Commerce (ICC) has updated its Advertising and Marketing Communications Code (the “ICC Code”). The new rules establish accountability for advertisers and marketers for the marketing they produce using AI and algorithms. The ICC Code also emphasises the importance of transparency and identification of marketing in influencer marketing.
The ICC Code still places overall responsibility for marketing on advertisers and marketers. The new rules clarify that liability includes the development and dissemination of marketing materials using AI and algorithms. The rules are designed to ensure that responsibility cannot be avoided or circumvented through outsourcing or delegation to third parties. In addition, the new rules cover more actors in the marketing ecosystem, such as app developers, data analytics companies, ad tech companies and developers of AI systems. These actors are said to be responsible to the extent that their activities or actions can be linked to and impact marketing.
The new rules also aim to increase transparency and clarity in influencer marketing. Marketers and their influencers, as well as creators, must ensure that content is clearly identifiable as marketing communication in line with the principles of identification and transparency. The updated ICC Code also includes clearer rules on marketing to children and young people. Furthermore, the rules on environmental advertising and sustainability claims are tightened. The ICC Code clarifies the responsibility of marketers to counteract discrimination, corruption, and the spread of disinformation.
The ICC Code covers all marketing communications regardless of form, format and medium. The rules cover not only actions directed at consumers (B2C), but also actions directed at other traders (B2B). In Sweden, the ICC Code is not only applied by the industry’s self-regulation via the Swedish Advertising Ombudsman (RO). The ICC Code is also often considered to express good marketing practice under the Marketing Practices Act (2008:486) and thus also has an effect in the courts’ application of the law.
For more information on the updated rules, please visit the ICC website or contact one of Vinge’s experts.
