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Add comprehensive legal compliance specification for Gemini analysis

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Replaces placeholder legal.md with complete specification based on:
- Marketing LRR Questions (Feb 2024)
- Marketing Legal Decision Tree (Aug 2025)
- BUK Marketing High/Low Risk Definitions

Includes 16 sections covering:
- Financial promotion detection and regulated products
- Risk classification (high/low)
- COBS 4.5 communication standards
- CAP/BCAP code requirements
- Representative APR requirements
- Testimonials, comparisons, and promotions
- Sustainability/ESG content rules
- Consumer Duty requirements
- Common violations checklist
- RAG status guidelines

Co-Authored-By: Claude Opus 4.5 <noreply@anthropic.com>
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# Legal Compliance Specification
This document contains legal compliance guidelines for marketing proof analysis.
This specification defines the legal compliance requirements for Barclays and Barclaycard marketing materials. Use this to assess proof assets for legal compliance, advertising standards, and regulatory requirements.
## Financial Promotion Detection
---
## 1. CORE REGULATORY PRINCIPLES
### FCA Principles for Business
All marketing communications must adhere to:
- **Principle 2**: Conduct business with due skill, care and diligence
- **Principle 3**: Take reasonable care to organize affairs responsibly with adequate risk management
- **Principle 6**: Pay due regard to interests of customers and treat them fairly
- **Principle 7**: Pay due regard to information needs of clients; communicate clearly, fairly and not misleadingly
- **Principle 12**: Act to deliver good outcomes for retail customers
### Universal Requirement
**All communications must be "clear, fair and not misleading"** - this is the fundamental test for every piece of marketing material.
---
## 2. FINANCIAL PROMOTION DETECTION
### Definition
A financial promotion is any communication that:
- Invites or induces a person to engage in investment activity
- Relates to controlled investments or controlled activities
- Promotes financial products or services
A **financial promotion** is any communication that:
- Invites or induces a person to engage in regulated financial activity
- Encourages individuals to take out or switch to a Barclays/Barclaycard product
- Promotes financial products or services to attract new customers
### Indicators of Financial Promotion
- Interest rates or APR mentioned
- Loan terms or credit offers
- Investment products or returns
- Savings rates or account terms
- Credit card promotional rates
- Mortgage rates or terms
- Insurance product details
- Pension or retirement products
### Regulated Financial Products
### Required Actions
If financial promotion is detected:
- Flag for separate manual legal review
- Set isFinancialPromotion to true
- Provide clear reason for classification
| Product Category | Examples |
|-----------------|----------|
| Current Accounts | All types including cheque deposit services |
| Savings Accounts | Cash savings, instant access, fixed term |
| Credit Cards | Including balance transfers, money transfers, instalment plans, Section 75 protection, grace days |
| Loans | Personal loans, including repayment changes |
| Overdrafts | Including repayment changes |
| Insurance | All insurance products |
| ISAs | Individual Savings Accounts |
| Mortgages | All mortgage products |
| E-money Products | Apple Pay, Google Pay, digital wallets |
| Ancillary Products | Blue Rewards, Avios, cashback platforms, prize draws (when requiring product ownership) |
## Advertising Standards
### Inducement Indicators
Flag as financial promotion if the content contains:
- **Persuasive elements** intended to tempt purchase
- **Claims to save money** or provide financial benefit
- **Call-to-action phrases**: "take a look", "exclusive", "apply now", "switch today", "find out more"
- **Interest rates or APR** mentioned
- **Loan terms or credit offers**
- **Promotional rates** (introductory offers, balance transfer rates)
- **Investment products or returns**
### CAP Code Compliance
- All claims must be substantiated
- Comparative advertising must be fair and verifiable
- No misleading pricing or availability claims
- Clear identification of marketing communications
### New Product Considerations
- Products are classified as "new" for **12 months** from launch date
- After 12 months, product is no longer classified as new (but may still be high-risk if it meets other criteria)
- Changes to key components affecting customer experience = "amended product" (high-risk)
### ASA Requirements
- Truthful and accurate claims
- No hidden or unclear terms
- Appropriate disclaimers where required
- No exploitation of vulnerable groups
---
## Required Disclaimers
## 3. RISK CLASSIFICATION
### Financial Products
- Representative APR for credit products
- Risk warnings for investments
- Terms and conditions reference
- Regulatory information (FCA authorization)
### High-Risk Content (Requires Legal Submission)
### Disclaimer Placement
- Clear and prominent positioning
- Legible font size (minimum 8pt for print)
- Adequate contrast with background
- Not obscured by other elements
| Category | Description |
|----------|-------------|
| Financial Promotions | Any content meeting financial promotion definition above |
| New Products/Services | Products launched within the last 12 months |
| Amended Products | Changes to key components impacting customer experience |
| Sustainability Claims | Any reference to "green", "sustainable", "environmentally friendly", "carbon neutral", "net zero", "eco-friendly" |
| Third-Party Propositions | New third-party partnerships within last 12 months |
### Disclaimer Content
### Low-Risk Content (Self-Attestation Permitted)
| Category | Examples |
|----------|----------|
| Operational Information | Operating hours, contact details, maintenance notifications |
| Educational Content | Money management guides, budgeting tips, credit tips, travel tips (without financial promotions) |
| Generic Brand Material | Brand-level content without financial promotions |
| Charity/Fundraising | Charity fundraising campaigns |
| Thought Pieces | Articles without financial promotions |
| Sponsorship Material | Pride, sports sponsorships (without financial promotions) |
| Engagement Content | Newsletters to existing customers |
| Fraud Awareness | Fraud/scam awareness material (with fraud team approval) |
| Non-Regulated Activities | Invoice financing, Digital Eagles, Lifeskills, Money Mentors, Eagle Labs |
---
## 4. COMMUNICATION STANDARDS (COBS 4.5)
### Mandatory Requirements
All marketing communications must be:
| Requirement | Description |
|-------------|-------------|
| Accurate | Fair and prominent indication of any relevant risks |
| Understandable | Clear to the average member of the target audience |
| Not Obscured | Cannot disguise, diminish, or obscure important warnings or disclaimers |
| Prominent | Material information must use equal font size to predominant text |
| Consistent Language | Presented in the same language throughout |
| Up-to-Date | Current information relevant to the communication medium |
| Balanced | Fair, balanced presentation with clear risk warnings |
### Plain Language Requirements
- Use plain language and conventional grammar
- Avoid jargon and technical terms where possible
- Minimal appetite for "marketing puff" ("best", "ideal for you", "market-leading")
- All superlative claims must be substantiable with documentary evidence
---
## 5. MATERIAL INFORMATION & PROMINENCE
### Prominence Rules
- Material information must be given **equal prominence** to other content
- Font size must be **at least equal to predominant text** in the communication
- Cannot rely on asterisks or footnotes for critical information
- Qualifications must not contradict the primary claim
### Standalone Compliance Principle
- Each advertisement must comply on its own ("standalone principle")
- **Cannot rely on** inserts, web pages, linked content, or other materials for regulatory information
- All essential information must be contained within the communication itself
### Omission Rules
- Must not mislead by **omitting** material information
- Must not mislead by **hiding** material information
- Must not mislead by presenting information in an **unclear, unintelligible, or ambiguous** manner
---
## 6. CAP/BCAP CODE REQUIREMENTS
### Core Rules
| Rule | Requirement |
|------|-------------|
| CAP 3.1 | Advertisements must not materially mislead or be likely to do so |
| CAP 3.3 | Material information not properly presented = material misleading |
| CAP 3.7 | Documentary evidence required for all objective claims |
| CAP 3.9 | Qualifying information must be presented clearly |
| CAP 3.10 | Qualifications must not contradict primary claims |
### Prominence Assessment Factors
When assessing prominence of disclaimers and qualifications, consider:
- **Font Size**: Legible and appropriate relative to main content
- **Format**: Style and weight appropriate for importance
- **Legibility**: Clear and readable
- **Background**: Sufficient contrast with background
- **Position**: Located where readers will naturally see it
- **Duration**: (For video/audio) Sufficient time to read/hear
### Substantiation Requirements
- All **objective claims** require documentary evidence
- Evidence must be:
- Current and relevant
- From credible sources
- Sufficient to support the specific claim made
- Available if challenged
---
## 7. REPRESENTATIVE APR REQUIREMENTS
### When Required
Representative APR must be shown when any of the following "triggers" appear:
- Interest rate (including 0%)
- Statements relating to cost of credit
- Any reference to payment terms
### Formatting Requirements
| Element | Requirement |
|---------|-------------|
| Format | "XX.X% APR" (correct formatting with percentage symbol) |
| Prominence | **Equally prominent** as any trigger that caused it to be required |
| "Representative" | Must include the word "Representative" |
| Variable Rate | Must include "variable" if rate is variable |
| Subject to Application | Must include "subject to application" or similar wording |
| Monthly Fees | If monthly fees apply, must be included in representative example |
### Representative Example
When required, must include:
- Cash price
- Total amount of credit
- Duration of agreement
- Repayment amounts and frequency
- Total amount payable
- Representative APR
---
## 8. DISCLAIMERS & TERMS
### Placement Rules
- Disclaimers must be **clearly visible** and **prominently positioned**
- Must not be obscured by other elements
- Must have adequate contrast with background
### Legibility Requirements
| Medium | Minimum Font Size |
|--------|------------------|
| Print (standard) | 8pt minimum |
| Print (legal copy) | 6.5pt minimum |
| Digital | 12pt minimum |
| OOH (Out of Home) | 75/95pt minimum |
### Content Requirements
- Complete and accurate information
- Plain language where possible
- All material limitations disclosed
- Terms and conditions reference where necessary
## FCA Regulatory Compliance
### Terms & Conditions
- T&Cs must be referenced where necessary
- Qualifying text must be clear and not hidden
- Important limitations must be disclosed
- Full T&Cs must be accessible (with clear direction to where they can be found)
### Authorization Statements
- Correct FCA registration details
- Proper regulatory body references
- Accurate firm status descriptions
---
### Risk Warnings
- Capital at risk statements
- Past performance disclaimers
- Investment risk warnings
- Credit risk warnings
## 9. TESTIMONIALS & ENDORSEMENTS
### Fair, Clear and Not Misleading
- Information must be fair
- Communication must be clear
- Content must not be misleading
- All material information included
### Requirements (CAP 3.45, 3.48)
## Third-Party Content
| Requirement | Description |
|-------------|-------------|
| Genuine | Must be genuine opinions from real people |
| Documentary Evidence | Must have documentary evidence and contact details on file |
| Written Permission | Must obtain written permission before featuring |
| No Incentives | Cannot incentivize positive reviews |
| Relevance | Must be relevant to product being advertised |
| Representative | Must be representative of typical customer experience |
| Material Connections | Must disclose any material connections |
### Prohibited Practices
- Cherry-picking only positive reviews
- Editing testimonials to change meaning
- Using outdated testimonials
- Using testimonials without verifiable source
---
## 10. COMPARATIVE ADVERTISING
### Requirements (CAP 3.34-3.38)
| Requirement | Description |
|-------------|-------------|
| Like-for-Like | Comparisons must be on like-for-like basis |
| Relevant Features | Must compare relevant, verifiable, representative features |
| Evidence | Must be supported by evidence and be verifiable |
| Fair | Must not give unrepresentative advantage to advertiser |
### Unidentifiable Competitors
When comparing with unnamed competitors:
- Must not mislead about identity of competitors
- Must not give unrepresentative advantage
- Comparison must still be fair and verifiable
---
## 11. PROMOTIONAL REQUIREMENTS
### Requirements (CAP 8.14, 8.17)
| Requirement | Description |
|-------------|-------------|
| Supervision | Proper supervision must be in place |
| Resources | Adequate resources for administration |
| Significant Conditions | All significant conditions/limitations must be included |
| Terms & Conditions | Full T&Cs must be available |
| Closing Dates | Cannot change closing dates unless unavoidable circumstances |
### Prize Draws and Competitions
- Entry method must be clear
- Eligibility criteria must be stated
- Prize details must be accurate
- Selection process must be fair
---
## 12. SUSTAINABILITY & ESG CONTENT
### High-Risk Classification
**Any marketing content containing sustainability claims is automatically high-risk.**
### Trigger Words
Flag for enhanced scrutiny if content includes:
- "Green"
- "Sustainable"
- "Environmentally friendly"
- "Carbon neutral"
- "Net zero"
- "Eco-friendly"
- "Climate positive"
- "Ethical"
- Any environmental or ESG-related claims
### Requirements
- All sustainability claims must be substantiated
- Cannot make misleading environmental claims (greenwashing)
- Must have evidence to support any environmental benefit claimed
---
## 13. THIRD-PARTY & INFLUENCER CONTENT
### Permissions
- Proper licensing for images/content
- Model releases where applicable
- Music/audio rights clearance
- Brand partnership agreements
### Testimonials
- Must be genuine and verifiable
- Material connections disclosed
- Representative of typical experience
- Not cherry-picked unfairly
- Brand partnership agreements documented
### Influencer/Celebrity Content
- Partnership clearly disclosed
- #ad or equivalent labeling
- ASA influencer guidelines followed
- Material connection stated
- Partnership must be **clearly disclosed**
- **#ad** or equivalent labeling required
- ASA influencer guidelines must be followed
- Material connection must be stated prominently
### Disclosure Requirements
- Disclosure must be immediate and prominent
- Cannot be hidden in hashtags or at end of post
- Must be clear to average viewer
---
## 14. CONSUMER DUTY REQUIREMENTS
### Good Outcomes
Marketing must support good customer outcomes through:
- Appropriate information provided at the right time
- Clear customer journey with all relevant T&Cs
- Balanced presentation of benefits AND risks
- No exploitation of behavioral biases
### Vulnerable Customers
- Consider impact on vulnerable customer groups
- Ensure accessibility of information
- Avoid language that could exploit vulnerabilities
---
## 15. COMMON VIOLATIONS CHECKLIST
### Financial Promotion Issues
- [ ] Financial promotion not identified as such
- [ ] Missing risk warnings for financial products
- [ ] Representative APR not shown when triggers present
- [ ] APR not equally prominent as trigger content
- [ ] Missing "Representative" or "variable" wording
- [ ] Missing "subject to application" wording
- [ ] Credit available "regardless of circumstances" claim (PROHIBITED)
### Misleading Content Issues
- [ ] Unsubstantiated claims ("best", "market-leading", "guaranteed")
- [ ] Material information omitted or hidden
- [ ] Qualifications contradict primary claim
- [ ] Marketing puff presented as fact
- [ ] Misleading comparisons with competitors
- [ ] Outdated information presented as current
### Prominence Issues
- [ ] Disclaimers smaller than main text
- [ ] Important information in footnotes only
- [ ] Poor contrast making text illegible
- [ ] Disclaimers positioned where unlikely to be seen
- [ ] Asterisks used for material information
- [ ] Qualifying text hidden or obscured
### Testimonial Issues
- [ ] Unverified testimonials used
- [ ] No permission obtained for testimonial
- [ ] Testimonial edited to change meaning
- [ ] Incentivized review not disclosed
- [ ] Testimonial not representative of typical experience
### Third-Party Content Issues
- [ ] Influencer partnership not disclosed
- [ ] Missing #ad or equivalent labeling
- [ ] Material connection not stated
- [ ] Unlicensed images or content used
### Regulatory Compliance Issues
- [ ] Communication not standalone compliant
- [ ] Relies on linked content for required information
- [ ] FCA authorization details incorrect or missing
- [ ] Terms & conditions not referenced
- [ ] Full T&Cs not accessible
### Sustainability Issues
- [ ] Unsubstantiated environmental claims
- [ ] Greenwashing (misleading eco-claims)
- [ ] Sustainability content not flagged as high-risk
---
## 16. RAG STATUS GUIDELINES
### Green (Compliant)
- All legal requirements met
- No missing disclaimers or warnings
- All claims substantiated
- Proper prominence for all required elements
- If financial promotion: correctly identified with all requirements met
### Amber (Issues Requiring Attention)
- Minor prominence issues (easily correctable)
- Missing minor qualifications
- Testimonial verification needed
- Third-party disclosure improvements needed
- Non-critical formatting issues
### Red (Significant Violations)
- Financial promotion requirements not met
- Material information omitted
- Unsubstantiated material claims
- Misleading content
- Missing required risk warnings
- Regulatory compliance failures
- Credit availability claims violating CONC 3.3.3
---
*Based on: Marketing LRR Questions (February 2024), Marketing Legal Decision Tree (August 2025), and BUK Marketing High/Low Risk Definitions guidance.*