ADVERTISING AND MARKETING
An overview of our practice in Spain
There is an inherent tension in advertising between making the
message for your products or services attractive with catchy,
promotional materials without contravening the applicable rules and
regulations.
Our specialist team at DLA Piper Spain understands
how the regulations and consumer protection legalisation
works and can provide risk assessments, copy clearance
and advice on strategy. In addition, they can deal with the
consequences and fall out in the event the right balance
is not struck and things go wrong. Therefore, we are able
to provide sophisticated advice both for international and
local advertising and promotional campaigns.
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OUR SERVICES
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We have a unique ability to provide local knowledge
within a global framework. Our team is highly equipped
and experienced in providing the following services:
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advising on general advertising regulations and
consumer protection legislation as well as on applicable
codes of conduct;
legal management of international and local promotional
campaigns, covering the drafting or reviewing of
the applicable agreements, terms and conditions and
marketing materials, fulfilment of required formalities
and liaising with the relevant bodies (if required);
advising on specific data protection and e-commerce
matters connected with the development of advertising
activities (covering, for example, definition of strategies
relating to the use and management of personal data
for marketing purposes, implementation of applicable
cookies’ policies, advise connected with the use of
specific electronic communications, etc.);
drafting and negotiating advertising and sponsorships
agreements, covering the granting of image rights
from celebrities and models involved in the respective
campaigns;
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representing clients in connection with challenges
to published or broadcasted advertising materials
before courts as well as before self-regulation bodies.
Particularly, we have consolidated a very relevant
practice in connection with advertising disputes
managed by Autocontrol – the entity charged with
the management of self-regulation codes of conduct
focused on advertising in Spain;
advising on the use of online and social media – the
do’s and don’ts;
advising on comparative advertising – how to do it
correctly and whether comparative advertising by your
competitors infringes your rights;
advising on all aspects of running prize draws and
skills competitions including drafting the terms
and conditions and dealing with issues arising mid
promotion;
advising on adherence to and implications of the
applicable codes of conducts and self-regulation bodies
such as “Autocontrol”;
providing specialist advice on advertising and
marketing restrictions applying to specific sectors such
as the gambling, pharmaceutical and drinks industry;
advising in relation to various advertising hot topics
including use of the terms “free”, “natural”, advertising
to children, environmental claims, advertising in
relation to cosmetics, etc.; and
providing training to clients and their marketing
departments on all of these matters.
02 | Advertising and Marketing – An overview of our practice in Spain
RECENT EXPERIENCE
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We have extensive experience and expertise working in
this field. Below we highlight some of our experience.
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Advising multinational companies in their marketing
campaigns and promotion policies under Spanish
advertising, consumer protection and unfair competition
legislation, including one of the global airlines and a
multinational high-tech electronics manufacturer.
Defending numerous local and international companies
in connection with claims filed before Autocontrol
regarding advertising campaigns or specific materials
broadcasted or published in Spain.
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Representing clients in regards of court procedures
focused on advertising and unfair competition practices.
Drafting and negotiating multiple advertising and
sponsorships agreements with well-known celebrities
and athletes.
Advising clients in respect of pricing,
price comparisons and in discounts and sales.
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Definition of the relevant marketing policies for a
multinational company in regards of campaigns
specifically focused on minors.
Undertaking numerous cross jurisdictional clearance
projects of promotional campaigns (often Internet
based) and preparation of appropriate terms and
conditions.
Drafting of guidelines for a Spanish leading retail
company in connection with the use of social networks
in order to develop specific marketing campaigns.
Representing a number of companies in investigation
procedures launched by the Spanish Data Protection
Commissioner in regards of advertising campaigns
developed by email.
We have recently published a prize promotions booklet
working closely with colleagues around Europe to
assimilate the basic requirements for promotions in
11 jurisdictions; namely: Austria, Belgium, Denmark,
France, Germany, Italy, Netherlands, Norway, Sweden,
the UK and Spain.
“This multi-jurisdictional outfit can draw
on expertise and resources from the
firm’s domestic and international offices,
and regularly works on advertising and
marketing matters requiring global
co-ordination.” – Chambers & Partners
www.dlapiper.com | 03
About us
DLA Piper is a global law firm with lawyers located in more
than 30 countries throughout the Americas, Asia Pacific,
Europe and the Middle East, positioning us to help companies
with their legal needs anywhere in the world.
equity sectors), Real Estate and Real Estate Capital
Markets, Regulatory and Government Affairs, Intellectual
Property and Technology, Employment and Tax.
Our core practices include Litigation and Arbitration,
Corporate and Finance (with particular strength in the
technology, venture capital, restructuring and private
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For more information contact
Diego Ramos
T +34 91 790 1658
diego.ramos@dlapiper.com
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