Law in marketing and advertising

Marketing and advertising

Marketing is a powerful sales tool, but it's also an area burdened with numerous regulations. Every campaign—from contests and influencer collaborations to price promotions and social media advertising—must be conducted in compliance with the law to avoid sanctions, claims, and reputational risks.

We provide full legal support in marketing, advertising, and promotion – for e-commerce brands, marketing agencies, and companies organizing promotional campaigns.

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What does the law regulate in marketing and advertising?

Marketing law covers the principles of legal advertising communication, consumer protection, correct information about prices, personal data and the obligations of organizers of competitions and promotional campaigns.

In practice, this means that every campaign, from a competition to collaboration with an influencer, must be carried out in accordance with applicable regulations.

The main areas we analyze

Legality of advertising content

We check whether the marketing message is not misleading and complies with the Act on Combating Unfair Market Practices, the Omnibus Directive, and the principles of fair competition.

This includes, among others:

– communication about discounts and prices,

– terms of promotion,

– advertising claims,

– presentation of opinions and reviews.

Competitions, lotteries and promotional campaigns

We prepare regulations and analyze whether a given campaign meets formal requirements.

We ensure compliance with regulations regarding:

– prizes and their taxation,

– rules of participation,

– personal data of participants,

– promotional lotteries (registration and supervision).

Collaboration with influencers and agencies

We create and review marketing agreements and regulate the rules for labeling cooperation.

We protect the interests of entrepreneurs in the following areas:

– content license,

– liability for violations,

– advertising signs that comply with the law,

– settlements and copyrights.

Marketing compliance with GDPR

We verify campaigns using personal data: newsletters, lead magnets, contests, remarketing.

We ensure compliance in the following areas, among others:

– obtaining consents,

– creating information clauses,

– transferring data to advertising platforms,

– documentation of evidence of consent.

Information obligations in price advertisements (Omnibus)

Every promotional advertisement must meet the following requirements:

– presenting the lowest price in the last 30 days,

– correct calculation of the discount,

– clear rules of promotion,

– verification of opinions and information on how to do so.

Why is legal marketing so important?

Building customer trust
Transparent price communication and clear rules for promotional campaigns are a legal obligation, but also a real competitive advantage.


Risk minimization

Failure to comply with regulations can lead to sanctions from the Office of Competition and Consumer Protection (UOKiK), the Office of Personal Data Protection (UODO), and claims from customers and competitors. Professional documentation and campaign audits significantly reduce the risk of disputes.

To what extent do we support?

How do we support your marketing activities from a legal perspective?
Preparation of regulations for competitions and promotional campaigns
Analysis of advertising compliance with the Omnibus Directive
Legal compliance audit of marketing campaigns and advertising
Creating contracts with influencers and agencies
Adapting marketing to GDPR

Marketing activities are subject to strict regulations. Even minor errors in promotions, reviews, or collaboration labeling can lead to significant fines and scrutiny. It's important to ensure compliance before the campaign launches.

Contact

Contact us and schedule a free consultation with our expert.

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Karolina Witt
Lawyer ecommerce.legal

Our other services

ecommerce.legal – a team of e-commerce lawyers who ensure the compliance of online stores in Poland and abroad.

Comprehensive legal support
Product Compliance Analysis
Online store audit
Preparation and updating of documentation
Markings, instructions, labels
Ongoing legal care in a subscription model

We offer comprehensive e-commerce law support tailored to the needs of your business.

From legal documentation, through compliance audits, to ongoing legal support in a subscription model.

Experienced team Constant service Transparent conditions