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Advertising law

Advertising law

Advertising law regulates commercial communication and protects consumers and competitors from unfair practices. In the digital era, where the boundaries between traditional and new forms of marketing are blurred, legal compliance is crucial not only to prevent sanctions but also to safeguard brand credibility. From influencer marketing and targeted online campaigns to traditional media, professional legal advice enables creative, effective, and legally compliant communication.

Our approach

We view advertising law not as a barrier, but as a framework that enables effective and creative marketing. Our solutions combine legal expertise with an understanding of marketing strategies and the media landscape. Each recommendation is tailored to the specifics of the brand, target audience, and communication channels.

Key areas of practice

We provide comprehensive assessments of advertising campaigns before their launch. We address misleading, comparative, and covert advertising, product placement, and content marketing. We ensure compliance with specific requirements for regulated sectors such as alcohol, tobacco, pharmaceuticals, medical devices, and gambling. We develop guidelines for influencers, affiliate collaborations, and online platforms. We represent clients in disputes with competitors, regulators, and consumer associations.

Added value for your business

We provide brands and agencies with rapid legal assessments that enable flexible campaign creation without legal risks. For e-commerce platforms, we implement standardized processes for thousands of product descriptions and marketing materials. For pharmaceutical and food companies, we ensure compliance with health and nutrition claims. For media houses, we help establish control mechanisms for advertising and the rejection of problematic content. We provide influencers and content creators with legal support for transparent and lawful collaborations with brands.

Practical challenges and risks

Misleading advertising can result in substantial fines, orders to cease dissemination, and obligations to publish corrections. Breaching sector-specific restrictions, such as advertising alcohol, tobacco, pharmaceuticals, or gambling, may lead to license revocation or prohibition of activity. Hidden advertising and undisclosed paid collaborations undermine the credibility of both brands and influencers and present regulatory risks. Unfair comparative advertising often triggers disputes with competitors and claims for damages. Violations of rules for advertising directed at children carry significant reputational risks and attract negative media attention.

Our practical solutions

For digital campaigns, we develop compliance checklists covering social media, video content, and programmatic advertising. In cases of disputed advertising claims, we secure independent expert assessments for potential audits or litigation. For influencer campaigns, we prepare transparent contracts and content labeling mechanisms in accordance with legal requirements. In disputes concerning misleading or unfair advertising, we achieve swift and effective settlements that minimize reputational risks. For global brands, we coordinate multi-jurisdictional legal reviews of campaigns and establish uniform standards across markets.

Legal review of advertising
• Pre-launch campaign checks
• Assessment of advertising claims and slogans
• Misleading and deceptive advertising
• Comparative advertising and references to competitors
• Supporting documentation and evidentiary safeguards

Digital advertising law
• Legal aspects of influencer marketing and collaboration disclosures
• Native advertising and content marketing
• Legal requirements for targeted and programmatic advertising
• Compliance of email marketing with data protection rules
• Consumer competitions on social media

Sector-specific regulations
• Advertising of alcohol and tobacco products
• Pharmaceuticals, medical devices, and health claims
• Food and dietary supplements
• Financial products, insurance, and gambling
• Advertising directed at children and minors

Intellectual Property Rights in Advertising
• Use of personality rights in advertising communication
• Licensing of musical and visual works
• Advertising agreements with public figures (endorsements)
• User-generated content and related legal risks
• Protection of advertising concepts and ideas

Dispute Resolution
• Proceedings before the Advertising Council
• Administrative proceedings before supervisory authorities
• Court disputes concerning unfair or misleading advertising
• Cease-and-desist demands
• Reputation management and legal support in crisis situations

Schedule a legal review of your campaign – as a law firm, we ensure its compliance with legal requirements and protect your brand from regulatory and reputational risks.

Our experts in this sector

Partner

Mgr. Ivan Gašperec, LL.M.

+421 948 200 073

gasperec@nomus.sk

Attorney

Mgr. Marek Mariak

+421 914 115 820

mariak@nomus.sk

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