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News in This Week: European Parliament adopts revised Audiovisual Media Services Directive

The draft revised legislation was approved by a significant majority; 452 votes in favour with 132 against, and 65 abstentions. Headline news Under the existing AVMSD, VOD platforms are only required to ensure...

Influencer marketing and endorsements: some food for thought in light of recent initiatives by...

What is influencer marketing? Influencer marketing basically means individuals (usually bloggers and influencers) endorsing products or brands by posting photos, videos, comments or other content on their blogs, vlogs or social...

ASA rules against Amazon on ‘One-Day Delivery’ promises to Amazon Prime customers

Prime grounds for a complaint? The adverts at issue in the case were website pages that stated: “get unlimited One-Day Delivery with Amazon Prime”, with a link to start a 30-day...

New decision on German influencer marketing: Courts in Berlin require disclosure as advertisement even...

While the courts in Munich recently took a more liberal approach and indicated that non-sponsored social media posts do not need to be tagged as advertising, the courts in Berlin were...

Gender stereotyping in advertising: a warning to advertisers in Australia

On 12 July 2018 the Australian Association of National Advertisers (AANA) issued a revised Code of Ethics Practice Note (Practice Note) in relation to the use of gender stereotyping in advertising....

Influencing the UAE – the implications of the new National Media Council’s Regulations

World-class brands have recently been resorting to marketing their goods and services on social media platforms through the pages of “followed” and “trending” bloggers & influencers. It becomes a win-win situation...

Is HK9 the new CR7? Footballers and trade marks; who will be distinctive by...

In a recent ruling of the European General Court, Lionel Messi has followed in the footsteps of Wayne Rooney, Jamie Oliver and Nigella Lawson in successfully obtaining a trade mark for...

German influencer fights back against the German competition watchdog on the rules of influencer...

As previously reported by MediaWrites, the rules on influencer advertising in Germany are strict – something that influencers don’t like much. Recently, the German competition watchdog “Verband Sozialer Wettbewerb” (engl.: “Association for...

Taxation of the digital economy: Tax implications for high-tech and media companies

Background to the taxation of digital services As previously reported on MediaWrites (click here), the digital economy has become a concern for tax authorities at an international level. The BEPS Project, which...

Czech Data Protection Authority issues warning on marketing communications, consent, and databases acquired from...

What is the issue? Under the current Czech legislation, electronic contact details may be used for marketing communications only with users' prior consent (opt-in), or where statutory conditions are met and electronic...

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CAP Responds to GDPR with Amendments to the Advertising CAP Code

Until 25 May 2018, regulation of data protection issues in relation to advertising was governed by Section 10 and Appendix 3 of the CAP...

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