Marketinglaw Update | June 2017


Welcome to your June 2017 update from Check out these recent developments, including proposals for new online influencer rules in Italy, new guidance on cookie-enable ad targeting in France and tough new regulatory requirements for age targeting in the UK. We also cover the Guardian v Rubicon case – the first (we believe) public litigation in the UK on financial transparency issues in advertising.

As ever, please let us know if you have any feedback. And if you would like to discuss any of the content in this update, please contact me or the author of the relevant story.

Best regards,

Nick Johnson


Latest news

Advertising Regulation [FR] Decision against Euromaster highlights approach to comparative advertising under French regulation The French Court found Euromaster liable on the ground of unlawful comparative advertising for having compared in a deceptive way the price of its annual car check-ups to those charged by Feu Vert. Margaux Hammer reports.

Advertising Regulation [FR] Implementing decrees for e-sport competition in France In two decrees dated 9 May 2017, the French Government detailed the legal framework of e-sports competitions organised in France and of e-sports players’ contracts. Etienne De Dreuille and Victoria Mazars report.

Advertising Regulation [UK] CAP Guidance on Children and Age-Restricted Ads Online The UK regulator expects advertisers to go the extra mile in targeting alcohol, gambling etc., ads to an age-appropriate audience. Jennifer Richardson reports.

Advertising Regulation [UK] Digital Economy Act and the Direct Marketing Code The new Digital Economy Act introduces the concept of a Statutory Direct Marketing Code. How will direct marketers be affected? Daisy Jones reports.

Advertising Regulation [FR] CNIL issues new guidance on advertising cookies The French data protection watchdog recently issued guidance as to whether website editors and/or third party cookies’ issuers shall be considered data controllers or data processors when placing cookies on users’ devices. Chloé Dumoulin-Richet reports.

Advertising Regulation [UK] CAP new rules prohibiting sexualisation of under-18s in ads CAP and BCAP have announced the outcome of their public consultation addressing the sexualisation of under-18s in advertising campaigns. Anna Williams reports on the new rules to be introduced to the advertising codes.

Advertising Regulation [UK] Guardian sues Rubicon for undisclosed fees from programmatic advertising It’s the first time financial transparency issues in advertising have led to public litigation. Jude King reports.

Advertising Regulation [IT] Disguised/surreptitious advertising and online influencers under the Government’s magnifying glass The first step by Italian institutions against disguised or surreptitious advertising on social networks. Riccardo Gaiani and Marialaura Boni report.

Retailing [UK] ‘Cheese’ or ‘Not Cheese’ – that is the question? The CJEU has ruled on whether words like “cheese” and “milk” can be used for non-dairy products. Katie Vickery reports.

Media & IP [UK] Dog’s dinner of pet food branding Did a pet food brand named after a dog called Zuma infringe the rights of the restaurant of the same name? Hannah McCarthy reports.

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