Advertising

Advertising is the most common marketing method and is used by absolutely every company on the market in one form or another, including gambling companies. Advertising has great potential and can reach a large number of people, especially in the era of the Internet, digital technology and online gambling. Since a huge number of people see advertising every day, almost all states have introduced legislation on the regulation of advertising in order to protect potential consumers from false information. The area of ​​gambling requires special attention, as it requires protection of users from illegal offers of services, protection of minors from participation in gambling.

Any advertising materials must be developed in strict accordance with the legislation of the applicable jurisdiction, including taking into account the necessary permissions to distribute gambling advertisements in the chosen jurisdiction. When creating and placing advertising materials, the project must be especially careful to always act in accordance with the law, taking special care when creating advertising materials aimed at promoting potentially dangerous goods and services (including medicines, gambling or investment services).

Non-compliance with advertising legislation can result in a series of huge amounts of lawsuits brought against your project.

The truth in advertising

First of all, when preparing advertising materials, it is necessary to take into account that you are obliged to indicate exclusively truthful information about your product or service. Advertisers must also have evidence supporting the veracity of the statements.

Unfair advertising is one that:

• • contains incorrect comparisons of the advertised product with the goods of another manufacturer in circulation;
• • defames the honor, dignity or business reputation of a person, competitor;
• • is an advertisement of a product which advertisement is prohibited in this way, at this time or in a given place;
• • is an act of unfair competition.

An advertisement is recognized as unfair if it contains information that does not correspond to reality:

• • on the advantages of the advertised product over other goods in circulation produced by other manufacturers;
• • about any characteristics of the product, its nature, composition, method, and date of manufacture, purpose, consumer properties, etc .;
• • on the assortment and configuration of goods, on the possibility of their purchase in a certain place or within a certain period;
• • about the cost of goods, the procedure for their payment, the discounts, etc.

The legislation also regulates the list of goods whose advertising is not allowed, the nuances of concluding contracts for social advertising, the rules for displaying advertising on TV and the Internet.

When conducting a legal analysis of marketing materials, it is necessary to investigate the following main factors:

• Сonscientiousness;
• Credibility;
• Risks of recognition of the advertised product as a product for children;
• The relevance of the advertised product to the type with limited advertising;
• Risks of copyright infringement when creating marketing material.

Lawyers at Law and Trust International advise on a wide range of Internet marketing, advertising, and intellectual property issues, as well as on privacy and protection of personal data.

Our legal services will help protect your business from possible legal claims and fines by the state by providing comprehensive advice on regulatory compliance issues, the audit of marketing materials such as texts, videos, banners, etc. We will help your business comply with advertising laws and attract new customers legally!