From 4fbc1182399d74e2388400670b21d369575f09b8 Mon Sep 17 00:00:00 2001 From: michael Date: Sat, 24 Jan 2026 12:24:26 -0600 Subject: [PATCH] Add comprehensive legal compliance specification for Gemini analysis 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 --- prompts/legal.md | 468 ++++++++++++++++++++++++++++++++++++++++------- 1 file changed, 398 insertions(+), 70 deletions(-) diff --git a/prompts/legal.md b/prompts/legal.md index d94b82a..e774d65 100644 --- a/prompts/legal.md +++ b/prompts/legal.md @@ -1,99 +1,427 @@ # 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.*