All financial promotions must be fair, clear, and not misleading (FCA COBS 4.2). This is the golden rule — every piece of marketing must satisfy this test.
Present balanced information. If you mention benefits, also mention risks. Be transparent about fees and conditions.
Cherry-pick positive stats. Hide fees in fine print. Use misleading comparisons. Overstate potential returns.
Risk warnings must be given due prominence — not hidden in footnotes or tiny text. They must be as visible as the marketing message itself.
Place risk warnings near the call-to-action. Use readable font sizes (min 8px for digital). Make them visible on mobile screens.
Put disclaimers in invisible grey text. Hide them at the very bottom. Use font sizes smaller than the main copy.
All CFD promotions must include the standardised risk warning with the current percentage of retail accounts that lose money. Updated quarterly.
Include the full warning text. Use the current loss percentage (50%). Make it prominent and readable.
Abbreviate the warning. Use an outdated loss percentage. Remove any part of the mandated text.
Marketing communications must NOT contain personal recommendations to buy or sell specific financial instruments.
Say: "Is gold a good opportunity?" (question form). Present balanced educational content. Use phrases like "some investors consider..."
Say: "Gold is a great investment — buy now!" Say: "This stock looks like a good opportunity." Make any directional calls.
Any reference to past performance must include a warning that it's not a reliable indicator of future results.
"Past performance is not an indication of future results." Use this exact phrase whenever showing historical returns.
Show CopyTrader™ returns without disclaimers. Imply that past gains will continue. Use phrases like "consistently profitable."
FCA requires specific warnings for crypto promotions (PS22/10). Crypto is unregulated in the UK — all promotions must make this clear.
Include: "Unregulated in the UK. No consumer protection. Tax on profits may apply." Include "Don't invest unless you're prepared to lose all the money you invest."
Market crypto without risk warnings. Suggest crypto is "safe" or "protected". Use FOMO language without balanced risk info.
FCA rules apply equally to social media as to any other channel. Character limits are NOT an excuse to omit disclaimers.
Include disclaimers in the post itself (not just the link). Use image/video overlays for visual disclaimers. Ensure they're readable on mobile.
Rely on a disclaimer "on the landing page" only. Use text too small to read on a phone screen. Omit warnings due to character limits.
Any paid or sponsored content by influencers or creators must comply with both FCA financial promotion rules AND ASA advertising codes.
Mark as #ad or #sponsored. Include all relevant risk warnings. Pre-approve all content with compliance. Ensure the influencer understands the product.
Let creators make unreviewed claims. Allow implied guarantees. Skip risk warnings. Target under-18 audiences.
FCA introduced a 24-hour cooling-off period for first-time crypto investors (since 2024). Marketing must not pressure immediate action.
Include education and risk information. Allow time for considered decisions. Mention the virtual/demo portfolio option.
Use "act now or miss out" language. Create artificial urgency for first-time crypto purchases. Pressure immediate deposits.
All financial promotions must be kept on record for at least 3 years. This includes social media posts, emails, and digital ads.
Archive all published marketing materials. Keep version history with dates. Document compliance approvals.
Delete old campaigns without archiving. Modify live ads without new compliance approval. Lose track of what was published.