What are the legal considerations in PPC advertising?

What are the legal considerations in PPC advertising?

Pay-per-click (PPC) advertising is a powerful digital marketing tool commonly utilised by businesses across industries to drive targeted web traffic. However, legal compliance is a critical aspect of any PPC strategy, particularly for professionals in the legal sector, where ethical and regulatory scrutiny is high. Legal practitioners engaged in PPC campaigns, either internally or through third-party agencies, must understand the applicable laws and regulations to avoid fines, reputational damage or even disbarment in severe cases.

Regulatory oversight and advertising standards

In the United Kingdom, all advertising—including PPC campaigns—is regulated by the Advertising Standards Authority (ASA) and must comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Legal professionals must also adhere to the Solicitors Regulation Authority (SRA) Standards and Regulations, which impose clear standards regarding publicity and the provision of information to consumers. PPC advertisements should not be misleading, exaggerated or omit material information that might affect consumers’ decisions.

For example, the use of terms like “best solicitor in London” or “guaranteed results” can be problematic unless objectively substantiated. Such claims are often considered misleading and may result in regulatory action. It is imperative that any messaging used in PPC ad copy is honest, evidence-based and transparent to maintain compliance and public trust.

Misleading ad content and clickbait tactics

Search engines and regulatory bodies closely scrutinise ads that utilise misleading tactics—particularly in competitive sectors like legal services. Clickbait-style headlines or promises that cannot reasonably be fulfilled breach both ASA guidance and search engine advertising policies. Legal PPC ads must represent services fairly, and not use manipulative or sensationalist language to increase click-through rates.

Use of competitor brand names in keywords

One of the more nuanced legal areas in PPC advertising involves bidding on competitor brand names as keywords. While UK trademark law does not automatically prohibit bidding on a rival law firm’s name, doing so may infringe trademark rights if the ad misleads consumers or causes confusion about the origin of the service.

Google’s own policy currently allows bidding on competitor keywords but prohibits using trademarked terms within the ad copy unless permission has been granted by the trademark owner. Legal firms must carefully structure such strategies to avoid liability under the UK Trade Marks Act 1994 and related case law, particularly around keyword advertising and brand confusion.

Data protection and consumer privacy

Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, any PPC campaign that collects, tracks or processes personal data must comply with data protection principles. This is particularly relevant for remarketing campaigns or customer conversion tracking where users’ browsing activity is monitored via cookies.

Law firms engaged in PPC advertising should ensure that their websites have up-to-date cookie notices and privacy policies, and that users are given the opportunity to opt in or out, as required by law. Failing to adhere to these requirements may expose a firm to regulatory penalties and damages claims.

Transparency and disclosures in legal advertising

Legal advertising must always provide accurate information regarding qualification, fees, and the extent of services offered. If a PPC ad references conditional fee arrangements (commonly referred to as “no win, no fee”), firms must disclose the conditions clearly to avoid misleading impression. Transparency is essential, not only to comply with legal advertising rules but to preserve professional integrity and client trust.

Working with third-party PPC agencies

When outsourcing PPC management to a digital marketing agency, law firms must ensure the agency is fully briefed on the legal and regulatory considerations specific to legal services advertising. Contracts should clearly define compliance responsibilities, and firms must monitor their agency’s activity to avoid vicarious liability if breaches occur.

Regular audits of PPC campaigns, keyword strategies and ad copy should be conducted to detect and correct any issues. Ultimately, responsibility for compliance rests with the law practice, not the marketing agency.

Conclusion

Advertising in the legal sector demands higher levels of diligence, given the ethical and regulatory frameworks in place. PPC advertising can be an effective tool for client acquisition, but only when conducted in full compliance with advertising standards, data protection laws and professional conduct rules. By maintaining transparency, avoiding misleading tactics, and engaging only in ethical promotional practices, legal professionals can harness the benefits of PPC while safeguarding their reputation and regulatory standing.