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Advertising and Consumer Protection

Developing, building and protecting the value of a brand is integral to a business' success. Advertising and marketing, is crucial to doing this effectively. Globalisation; changing consumer habits; new technologies and the laws that regulate them, have altered the face of advertising and how companies reach and interact with their target audiences. To navigate this next chapter, an in-depth, commercially-focused knowledge of the law is vital.

Expertise:

  • We advise clients on regulatory compliance and commercial matters working with a network of lawyers to provide multi-jurisdictional advice.
  • We provide an advertising copy pre-clearance service across non-broadcast media including online copy, social media calendars and influencer posts. 
  • We support clients with advertising disputes, including both customer and competitor complaints, including support throughout the Advertising Standards Authority's (ASA) complaints procedure successfully contesting ASA decisions.
  • In collaboration with ISBA and specialist media consultants, we developed the new ground breaking template for media planning and buying agency services.
  • We work with clients to enable their brands to retain and work with brand ambassadors and influencers, drafting talent agreements.
  • We advise clients on how to structure and administer prize promotions legally and effectively outside the scope of gambling legislation.
  • We help clients to structure and market loyalty and reward programmes.
  • We conduct website audits to ensure that website and social media content, claims and consumer-facing terms are compliant with advertising and consumer protection laws.
  • We draft sponsorship, merchandise, licensing and other advertising related agreements.
  • We provide bespoke training workshops and guidance documents to our clients' legal, marketing and commercial teams and in some cases to their media agency teams.
  • Combined with our technology and privacy teams, we advise a number of adtech platforms.
  • Together with our privacy specialists, we also advise on the use of data collected from marketing campaigns and in relation to targeting, retargeting and prospecting.

Notable deals and highlights:

  • Advising a French fashion house and luxury retail company on its global media buying arrangements.
  • Advising a leading medical device company on all aspects of its European marketing communications to consumers and its network of qualified practitioners. This included copy clearance, sales promotions, prize promotions, social media activity, TV sponsorship arrangements and content, advertorials, endorsements and testimonials. We also advised on use of images, loyalty programme and various other marketing activities including advising on and drafting participant and release forms, and blogger contracts.
  • Advising an American multinational diversified hospitality company that manages and franchises a broad portfolio of hotels, on a range of advertising and commercial arrangements in the EU.
  • Advising an American multinational e-commerce retailer on its global media buying arrangement.
  • Conducting website audits, advising on advertising copy and revising consumer facing terms for global drinks brand in relation to its corporate, e-commerce and brand websites.
  • Drafting, negotiating and advising on brand ambassador agreements, influencer agreements, user generated content and other consents and releases, prize promotions and social media advice for leading manufacturer of optical and digital precision technology and cameras.
  • Advising on the terms of a sponsorship agreement with a Serie A football team.