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IRIS 2020-4:1/15 [DE] German Federal Justice Ministry plans clear rules for influencers

On 13 February 2020, the German Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection) published a draft law designed to create a legal framework for free recommendations by influencers and bloggers. The ministry intends to make it clear that comments on products made by influencers on social media free of charge and primarily for information and opinion-forming purposes do not need to be labelled as advertising. The proposed regulations were drafted following several court decisions in recent years in which the commercial nature of...

IRIS 2020-4:1/10 [DE] Bundesländer agree new gambling regulations in Germany

In January 2020, after lengthy negotiations, the German Bundesländer reached an agreement on a new system of regulation for gambling in Germany, reflected in a draft Staatsvertrag zur Neuregulierung des Glücksspielwesens in Deutschland (Inter-State Agreement on a New System of Regulation for Gambling in Germany – Glücksspielneuregulierungsstaatsvertrag, GlüNeuRStV). The reforms particularly address the admissibility of various types of Internet-based gambling and the related fields of advertising, the protection of minors and the protection of gamblers.  Under current...

IRIS 2020-3:1/7 Draft bill regulating ambush marketing approved by the Council of Ministers

On 17 January 2020, the Italian Council of Ministers approved a draft bill specifically prohibiting ambush marketing which was introduced following a proposal by the Minister of Justice, Alfonso Bonafede. The bill aims at strengthening the protection of the economic interests of companies that sponsor sports events and exhibitions of national and international relevance. The bill should introduce appropriate measures, particularly in light of the upcoming 2020 UEFA European Football Championship, with a view to preventing unauthorised economic players from associating their trademarks or products...

IRIS 2020-2:1/4 Broadcasting Council punished misleading advertising

The Council for Radio and TV Broadcasting of the Czech Republic issued this decision: The company BILLA, Limited, is guilty of committing an offence in violation of section 5d (2) of Act No. 40/1995 Coll., pursuant to Article (a), Regulation (EU) No. 1169/2011/EU of the European Parliament and of the Council, by making the BILLA advertisement aired on TV NOVA on 18 March 2019, from 16:16:11, as the advertisement contains misleading information on the characteristics and the nature of the 'apricot pocket' bakery product sold in the BILLA stores. The advertisement begins with the statement...

IRIS 2020-1:1/23 First Italian case on advertising of electronic cigarettes

On 5 November 2019, the Court of Rome, by adopting a restrictive interpretation of Italian legislation, ordered two companies to block the delivery of some commercial communications relating to electronic cigarettes (e-cigs) and liquid refills, as an urgent measure. Article 21, paragraph 10, of Legislative Decree No. 6/2016 (which implemented the EU Directive 2014/40/EU on tobacco products) provides for a ban on the advertising of e-cigs and refill liquids. Specifically, it prohibits the following activities which have the aim or the direct or indirect effect of promoting electronic cigarettes...