Historically promoters have, when administering a promotion or competition, been required to publish (or at least make available) the name and county of prize winners.
This CAP Code rule is designed to increase transparency over promotions, and crucially enable entrants to ascertain that the prize(s) have been awarded. However, following the GDPR coming into force on 25 May 2018, the lawfulness of announcing such details has been questioned. This is in part because promoters would often rely on consent as the lawful basis to announce prize winners' names and counties, but the higher threshold to satisfy consent under the GDPR means that it would be difficult for promoters to demonstrate that the consent to such use has been 'freely given'.
As a result, CAP initiated a consultation on this rule which closed on 19 June 2018. Until CAP has concluded its work, the ASA has announced that it will not enforce this rule and, therefore, promoters do not need to disclose the names and counties of prize winners for the time being.
Watch this space.
Code rule 8.28.5 states that promotors must publish, or make available the full name and county of all major prize winners. CAP is completing work following a consultation on changes to its rules on the collection and use of data for marketing. These changes are intended to ensure that its rules cover data protection issues most relevant to marketing, and that they are aligned with the standards introduced by the General Data Protection Regulation (the GDPR). Until the work is completed, the ASA will not administer rule 8.28.5.