This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: IWRCF—Luiz Werneck; Talita Sabatini Garcia 1. What are the principal statutes regulating advertising generally? The principal statutes regulating advertising in Brazil are: • the Brazilian Federal Constitution; • the Consumer Protection Code (Federal Law No. 8,078/90); • the Statute of the Children and Adolescents (Federal Law No. 8,069/90); • the Brazilian Advertising Self-Regulation Code; • Federal Law No. 5768/71;  • Decree No. 70,951/1972; • Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes; and • National Health Surveillance Agency resolutions. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled? The bodies responsible for issuing advertising regulations in Brazil are the National Advertising Self-Regulation Council (CONAR) and the government itself, represented by the House of Representatives

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020). Authors: Miller Thomson LLP—Kelly Harris 1. What are the principal statutes regulating advertising generally? The Competition Act (the Act) is the primary federal statute in Canada that prohibits false or misleading advertising and deceptive marketing practices. The Act prohibits making representations to the public that are false or misleading in a material respect. Such representations are reviewable under civil provisions and prohibited under criminal provisions of the Act. These provisions are identical except that the criminal offence requires a ‘knowing’ or ‘reckless’ mental state. The Competition Bureau is the regulator responsible for enforcing the Act and can elect whether to pursue either the criminal or civil track when enforcing misleading advertising compliance. As a matter of practice, the Bureau typically only elects the criminal track for egregious cases. The Act includes additional prohibitions that apply to specific types of advertising issues,

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: Bernard-Hertz-Béjot—Michel Béjot; Caroline Bouvier 1. What are the principal statutes regulating advertising generally? Advertising is regulated by laws and their implementing texts, such as decrees and ordinances. For instance, the Toubon Law No. 94-665 of 4 August 1994 imposes and governs the use of the French language in all advertising. Decree No. 92-280 of 27 March 1992 provides for specific rules dedicated to advertising on television. There is no code governing advertising law, but rather various codes per sector including rules governing advertising in France. For example: • the Consumer Code covers deceptive and misleading advertising, as well as comparative advertising; • the Intellectual Property Code deals with the protection of trademarks and copyright; and • article 9 of the Civil Code protects individuals' images and privacy. 2. Which bodies are primarily responsible for issuing advertising regulations

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: DLA Piper—Beatrice Brunn; Dr. Stefan Engels 1. What are the principal statutes regulating advertising generally? In Germany, advertising is not governed by a comprehensive law. The Unfair Competition Act (UWG) constitutes the central framework of rules governing market behaviour and refers in particular to advertising. The UWG seeks to protect consumers, competitors and other market participants against unfair commercial practices. Also, a variety of sector-specific regulations apply to advertising and marketing for specific products and services, and within different communication channels. In addition, specific professional guilds have published codes of conduct to maintain the guilds' integrity. The codes are only obligatory for the members of those guilds.  Moreover, additions or restrictions may depend on the communication channel used. Broadcasting is, in particular, subject to advertising limitation rules. Restrictions can be found in the State Media Treaty (MStV), the media laws of the

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Russia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020). Authors: Gorodissky & Partners—Ilya Goryachev 1. What are the principal statutes regulating advertising generally? The principal law on advertising in Russia is Federal Law No. 38-FZ of 13 March 2006 ‘on advertising’ (the Advertising Law), which: • provides relevant definitions of advertising and advertising participants; • lists general requirements for advertising; • imposes restrictions on advertising of specific goods and for specific types of advertising; • regulates outdoor advertising and provides competence for local authorities in this regard; and • empowers the Federal Antimonopoly Service as the advertising regulator. Federal Law No.135-FZ of 26 July 2006 ‘on competition protection’ provides a definition of unfair competition and cites its non-exhaustive forms; these provisions are also important in cases of unfair advertising. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent

This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA—Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The general principles of advertising in Turkey are defined in Law No. 6502 on the Protection of Consumers (Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, which is based on the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Additionally, other laws and secondary legislation have separate special provisions regarding different channels and product groups. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled? The Advertising Board was established to ensure that all kinds of commercial advertisements are reviewed and that they comply with the rules stated in the laws. The

This Practice Note introduces and considers the general principles that apply to the advertising and promotion of medicinal products as well as the accompanying rules on pharmaceutical industry interactions with healthcare professionals (HCPs). Introduction to the advertising and promotion of medicinal products In order to ensure the protection of public health, the advertising and promotion of medicinal products is highly regulated. The general rules for the advertising and promotion of medicinal products are: • advertising of medicinal products in respect of which a marketing authorisation (MA) has not been granted is prohibited • advertising of an authorised medicinal product must comply with the particulars listed in the summary of product characteristics (SmPC) attached to the MA • advertising of authorised medicinal products must not be misleading and must encourage the rational use of the medicinal product, by presenting it objectively and without exaggerating its properties • the promotion of prescription-only medicines (POMs) to non-HCPs such as patients or the general public is prohibited In addition to the general rules outlined above, other activities relating

These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on the duties in relation to the advertising and promotion of medicinal products. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances. The training materials are customisable. Contents • Introduction and background • General principles on scope • Information to be made available in advertising to HPs • Abbreviated advertisements • Online advertising and social media use • Promotional aids • Gifts, inducements and competitions • Hospitality • Free samples • Requirements for sales representatives • Public health emergencies exception • Duty to maintain high ethical standards

This Checklist sets out the key issues for consideration when approving advertising copy. It aims to help advertisers and their legal advisers ensure that their print advertising complies with the legal and self-regulatory rules including, eg the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For more information on advertising regulation generally, see Practice Note: Advertising law and regulation. The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Introductory considerations ☐ Have you checked the CAP Code and CAP’s Formal Guidance, as well as relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast ads are subject to legislation as well as the CAP Code. For more information, see Practice Note: Advertising law and regulation. ☐ Have you considered relevant consumer legislation? Whenever the ASA considers complaints that an ad misleads

What is advertising (ad) fraud? Advertising (ad) fraud broadly refers to deceptive or illicit practices in the advertising ecosystem, ranging from scams delivered via advertisements to technical schemes inflating ad metrics. It has been described by the Internet Advertising Bureau (IAB) to include the ‘deliberate generation of fraudulent (often non-human) traffic in an attempt to exact money from the advertising ecosystem’. While it may take many forms, it is generally characterised by the use of bots, intentional misrepresentation, or a limited chance of the ads being seen by legitimate human audiences. There are limited statistics which consider the impact of ad fraud on the UK market directly. However, various global statistical sources suggest that the impact is in the billions and growing rapidly. It can impact both consumers and advertising entities within the advertising ecosystem. Regulators in the UK have sharpened their focus on advertising fraud, with new laws and enforcement strategies emerging. This Practice Note provides a high-level summary of advertising fraud in the UK. What are the different types of ad fraud? There

This Practice Note focuses on gambling-specific rules for advertising. It provides an overview of the regulatory bodies’ competencies in supervising gambling advertising within Great Britain (England, Wales and Scotland) and the restrictions on advertising gambling and lotteries to children. It also provides guidance on problematic areas such as advertising free bets and bonuses. The Gambling Commission is the main regulator of gambling activities in Great Britain (England, Wales and Scotland), although the Advertising Standards Authority (ASA) regulates advertising activities. The main legislation covering gambling is the Gambling Act 2005 (GA 2005) and the Gambling (Licensing and Advertising) Act 2014 (G(LA)A 2014). Different legislation applies in Northern Ireland. Key provisions The following rules apply to gambling advertising in Great Britain: The Gambling Act 2005, Part 16 GA 2005, ss 327–333 (Part 16) deals with advertising and provides the extent and circumstances to which GA 2005 applies. See: Gambling Act 2005 below. The Gambling (Licensing and Advertising) Act 2014 G(LA)A 2014 extended the scope of the regulatory regime governing remote gambling under GA 2005 and came into force on 1 November

Regulatory regime overview The rules applicable to advertising in the UK are found in both legislation and in self-regulatory industry codes of practice, primarily the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code) (explained below). The self-regulatory framework is very important in the UK, although in the area of broadcast advertising it is carried out under the statutory regime governed by the Communications Act 2003 (CA 2003). Additionally, there are various industry-specific regulations and codes that marketers may need to consider. The following legislation primarily governs unfair and misleading commercial practices in the UK and much of its content underpins the CAP Code and BCAP Code: • Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) • the Business Protection from Misleading Marketing Regulations 2008 (BPR 2008), SI 2008/1276 Consumer protection from unfair trading On 6 April 2025, DMCCA 2024, Part 4, Chapter 1, for the most part revoked the Consumer Protection from Unfair Trading