Advertising

Advertising refers to information disseminated in any form and by any means and relating to a person’s commercial and economic, financial or professional activities, where it promotes the purchase of goods or use of services  (Part 8 of Article 2 of the Law on Advertising).

Advertising shall not deceive the persons to whom it is addressed and must be proper, accurate and not misleading by its presentation or form.

Misleading advertising refers to advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure another person’s opportunities to compete.  (Part 3 of Article 2 of the Law on Advertising).

Comparative advertising is any advertising which  explicitly or by implication identifies a competitor of the advertiser and the goods or services offered by the competitor. 

Comparative advertising shall be permitted when it complies with the requirements of Article 6 of the Law on Advertising and is not misleading, when it objectively compares one or more significant features of various goods and services, does not create confusion, etc.

For the use of misleading or unpermitted comparative advertising the operators of advertising activities may be subject to a fine in the amount from 289 to 8,688 Eur. and in the cases when the set requirements have been violated repeatedly over the year from the imposition of a fine, the operators of advertising activities may be given a bigger fine of up to 34,754 (Article 24 of the Law on Advertising).