Advertising and promotion law

About this practice area

Today, promotional and advertising activities, especially where performed in the digital space, are the key tools for brand development and communication. With this in mind, we provide our Clients with legal assistance with a broad range of issues related to advertising and promotions, including its modern forms such as influencer marketing.

Our experts in the Media Communication & Entertainment Team provide specialized support in both online and offline marketing activities. We know that marketing and promotional activities are often at the heart of a company’s growth strategy. Therefore, we provide only safe and sound actions, taking into account the issues of reputability and characteristics of a particular industry.

Advertising and promotion law is a specific branch of the law, requiring not only expertise, but also a sense of marketing and a good understanding of current trends. With this knowledge, our professionals can provide Clients with everything they need.

What we do?
  • We review and negotiate all kinds of industry contracts, including sponsorship agreements, taking into account social media activities and the characteristics of the industry.
  • We comprehensively analyze marketing activities and review promotional materials, including non-standard content.
  • We help regulate cooperation with influencers, public figures, celebrities, athletes, and e-athletes.
  • We advise on the advertising of sensitive products and services such as alcoholic beverages, tobacco products, medicinal products, food supplements, or for example gambling.
  • We represent Clients in disputes regarding ongoing advertising and promotions, in industries such as foodstuffs, cosmetics, pharmaceuticals, alcohol, and telecommunications.
  • We conduct training and workshops on advertising law, with a particular focus on the use of marketing tools and channels.
Cooperation benefits

Advertising and promotion law is inextricably linked to other branches of the law, such as intellectual property or data protection. We specialize in all of these areas. Thanks to our multi-disciplinary approach, our Clients receive comprehensive support in any situation.

Not only do we ensure the legal security of advertising or promotions, but we also take care of all the issues which are important in the meantime. We quickly identify risks and propose solutions. We monitor changes in the law and, if necessary, implement them with our Clients.

We understand perfectly how important it is in marketing to be fit, agile and open to change. We work professionally, and at the same time we are open to our Clients’ suggestions and expectations.

We consider working as a partnership and understanding the Client’s industry the foundations of successful cooperation.

Why choose us?
  • We can explain the problem and the actions taken to our Clients in an intelligible manner.
  • We are intimately familiar with the advertising and marketing sector  and we are constantly monitoring the changes taking place in the advertising market, especially in digital services.
  • We can quickly implement the necessary measures and are open to non-standard solutions.
  • We have vast experience in the legal preparation of advertising content and campaigns, promotions, loyalty schemes, and advertising of sensitive products and services.
  • We ensure constant and direct contact with our professionals.

Advisers

Related articles

07 Jun 2023

Forthcoming changes regarding online advertising

The EU Digital Services Act (DSA) came into effect on 16 November, 2022. While some provisions in the DSA have already taken effect, it will apply in full from 17 February, 2024. The DSA has understandably been termed the new Constitution of the Internet. This is certainly one of the most important pieces of legislation concerning broad Internet law to have been enacted in the last twenty years. The DSA revisits a number of issues, including how online advertising is conducted.

16 Nov 2022

Advertising of medical devices and cosmetic surgery - new laws as of January 2023

As of 1 January, 2023, influencers will no longer be able to advertise publicly products intended only for users who are non-laypersons.

A layperson is defined in the act as an individual who does not have any formal qualifications in the relevant area of health care or medicine.

The new rules will apply for instance to specialist equipment such as implants, laser-based products, or even hyaluronic acid.

Up until now, the cosmetic surgery industry has been keen to post information about its services and results on social media. Manufacturers, distributors, and clinics have frequently promoted their services or preparations through celebrities and influencers with a wide audience, giving them discounts or even surgery for free in return.

The laws due to come into force should induce the people concerned to review their business relationships with specific brands – breaches of the law in this respect will lead to severe fines even reaching PLN 2 m.

The full text of the Act on Medical Devices of 7 April, 2022, is available here.