Marketing and advertising
Marketing and advertising law
Marketing and advertising are key elements of a sales strategy, but their implementation comes with numerous legal obligations. Non-compliance with regulations can result in sanctions, image problems, and a loss of customer trust.
Our support includes the analysis and preparation of documents and legal advice for companies operating in the advertising and e-commerce industries, as well as those organizing competitions and lotteries.
Rules for competitions, lotteries and promotional campaigns
When are regulations required?
Regulations should be prepared when organizing:
- competitions with material or financial prizes,
- promotional lotteries (requiring notification to the relevant authorities),
- loyalty and cashback programs,
- discount and promotional campaigns.
What must the rules of a contest or lottery include?
The regulations should clearly define in particular:
- organizer's details,
- duration,
- rules of participation,
- method of selecting winners,
- value, type and method of awarding prizes,
- complaints procedure.
Failure to comply with appropriate regulations may result in sanctions and invalidation of the promotional campaign.
Marketing and advertising contracts
Every form of advertising cooperation requires a precisely formulated contract that protects the interests of both parties.
When is a marketing agreement necessary?
- in cooperation with influencers and brand ambassadors,
- in relationships between advertising agencies and clients,
- in the case of sponsorship agreements,
- when renting advertising space (fairs, events),
- when organizing advertising campaigns with the participation of third parties.
What should an influencer contract include?
- the scope of the influencer's responsibilities (number of posts, stories, content format),
- remuneration and the method of its settlement,
- clauses regarding the marking of cooperation in a way that meets current legal requirements,
- liability for violating regulations, e.g. failure to mark paid cooperation.
An improperly drafted contract can lead to disputes and legal liability for both the influencer and the advertiser.
Legality of advertising content – analysis in terms of regulations
Marketing content must comply with regulations regarding consumer protection, competition, and personal data protection, among others.
What advertising is prohibited?
- Misleading (e.g. false reviews, hidden fees),
- aggressive or violating good manners,
- prohibited comparisons of competing brands,
- violating the regulations on advertising of regulated products (e.g. alcohol, pharmaceuticals).
What are the consequences of using illegal advertising?
- High financial penalties imposed by the Office of Competition and Consumer Protection,
- obligation to publish a correction,
- the possibility of pursuing claims by customers or competitors.
Advertising must comply not only with national regulations, but also with EU regulations such as the Omnibus Directive and personal data protection regulations.
Marketing compliance with GDPR and personal data protection
Every advertising campaign that processes personal data (e.g. customer emails, data from competition forms) must comply with GDPR regulations.
What should you consider when planning marketing campaigns?
✔ correct formulation of marketing consents,
✔ enabling customers to easily unsubscribe from the newsletter,
✔ storing evidence of obtaining consent to data processing,
✔ risk analysis in the event of data being transferred to external entities (e.g. advertising platforms).
Violation of GDPR regulations may result in fines of up to €20 million or 4% of the company's annual turnover!
Online advertising – information obligations of sellers and marketplaces
Every online seller must comply with information obligations under the Omnibus Directive and consumer protection regulations.
What information must online advertising contain?
- transparent information about the total price (including taxes and additional fees),
- the obligation to provide the lowest price in the last 30 days (for promotions),
- transparent rules for organizing sales,
- information whether the opinions on the site are verified.
Failure to properly inform customers about prices and promotions can lead to heavy fines and a loss of trust.
Online store regulations and privacy policies
Every online store should have legally compliant documents regulating sales rules and customer data protection.
What documents are required for e-commerce?
- online store regulations,
- privacy policy compliant with GDPR,
- returns and complaints policy,
- regulations for loyalty programs and discount codes.
We offer comprehensive legal support for e-commerce, adapting regulations to current regulations.
Tax settlements in marketing and advertising
Some marketing activities are subject to taxation, such as competition prizes or barter transactions with influencers.
When does tax on competition prizes apply?
- when the prize exceeds a certain value,
- in the case of lotteries subject to gambling regulations,
- if the organizer has not included tax in the promotion budget.
Is barter with an influencer taxable?
- yes, if the influencer receives the product in exchange for advertising activities,
- barter should be included in tax documentation,
- Failure to settle barter may result in tax consequences.
Our law firm offers:
- analysis and audit of advertising campaigns,
- development of competition and lottery regulations,
- reviewing contracts with influencers and advertising agencies,
- advice on GDPR and the Omnibus Directive,
- legal support for e-commerce marketing activities.
Online advertising – information obligations of sellers and marketplaces
Every online seller must comply with information obligations under the Omnibus Directive and consumer protection regulations.
What information must online advertising contain?
- transparent information about the total price (including taxes and additional fees),
- the obligation to provide the lowest price in the last 30 days (for promotions),
- correct calculation of the discount amount,
- transparent rules for organizing sales presented in the promotion regulations,
- information whether the opinions on the site are verified.
Failure to properly inform customers about prices and promotions can lead to heavy fines and a loss of trust.