ATOL marketing compliance update: how the new rules could impact your ads

If you hold an ATOL, there’s another consultation you need to know about. No, it’s not that long-awaited ATOL reform consultation (unfortunately), but one that does affect all licence holders.

The Civil Aviation Authority (CAA) is proposing changes to ATOL Standard Term 1.3, which governs how the ATOL logo is used in broadcast media. Right now, this only applies to traditional broadcast media like TV, radio, and cinema, leaving a grey area when it comes to digital advertising. 

The proposed changes aim to fix this by shifting to a content-based approach that applies across all media, regardless of platform.

So what does this actually mean for your advertising? Here’s what you need to know:

The proposal: when you’ll need to apply 1.3

The way you label ads as ATOL protected isn’t changing; relevant ads still need to feature the ATOL logo and include the audible and/or written phrase “ATOL protected.” But how do you know when this applies?

The challenges: what this means for travel brands 

While these changes provide much-needed clarity, they also create new challenges for marketing teams, and you must ensure they understand how to apply AST 1.3 correctly. Here are four areas to watch: 

1. Running global campaigns without breaking the rules   

If you sell flight-inclusive packages globally, you’ll need to make sure that an ad reaching UK audiences complies with AST 1.3, meaning ads running internationally may need different versions to comply with UK regulations.

But here’s the catch: it’s easy for UK users to see ads intended for other countries. For example, a UK user searching for holidays in France could be shown an ad meant for French consumers.

To stay compliant, digital ad campaigns would need to include geo-based rules to determine when to/not to include ATOL protection disclosure.

2. Maintaining compliance with user-generated content and influencer ads

Ads distributed via influencers’ profiles reach a mix of global audiences rather than being targeted by location. There are a couple of things to be aware of:

• Influencer content: you may need to specifically mention that ATOL protection applies only in the UK in scripts given to influencers. However, this could create friction with creators or campaign teams.
• UGC: If customers share travel experiences and products without proper disclosures, could that reflect back on the brand? You should consider clear UGC policies or disclaimers for campaigns that use UGC content.

Importantly, as the ATOL holder, it’s your responsibility to ensure third parties comply, but you also need to understand what constitutes an advert by a third party. The Competition & Markets Authority requires that any content creator, incentivised to post by a brand or product, must label it as an “advert” or “ad.” We assume the CAA subscribes to the same definition of an advert. 

3. The risk of over-disclosure 

Playing it safe by sticking the ATOL-protected badge more broadly than necessary might seem like the best approach. However, that’s not the case, as this could lead to consumers mistakenly assuming that all, or other products, are ATOL-protected where they are not.

The key is to be precise and only use the ATOL badge where required.

4. Keeping compliance consistent with multi-channel campaigns 

Many travel companies run integrated campaigns across TV, radio, social media, and digital platforms. If AST 1.3 applies differently based on content, ensuring compliance across all channels gets complicated. 

One consideration is the prominence of the badge. Is the “ATOL Protected” logo clearly legible in all visual media formats?

This may require different compliance requirements for different platforms, adding to the complexity and cost.

The consultation

Ultimately, the proposed changes likely mean that any advertising that reaches UK audiences will need to be treated, or at least reviewed, differently. Which clearly has implications for marketing teams. 

In theory, the new, content-based approach should future-proof the regulation, but the jury’s out as to whether the proposed changes can deliver further clarity in the convoluted and fast-paced international advertising landscape.

You can find the full consultation document here. Feedback can be submitted via this form before the consultation closes on 14 May, and this is a great opportunity to have your say on the proposed changes. 

If you’d rather we raise concerns on your behalf, just reach out to your usual contact or drop us a line at info@thettc.co.uk.

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