Spain

AUTOCONTROL launches a new Influencers Briefing Copy Advice®. February 2023; more here. AUTOCONTROL offers a new service, which includes the evaluation of the briefing provided by advertisers and agencies to their influencers. Its aim is to adapt the Copy Advice® services to the relatively new field of the influencer marketing. Advertisers and agencies can send the briefings they provide to their influencers to AUTOCONTROL's legal team, to ensure that they comply with all applicable legal and ethical rules in order to avoid possible infringements and reputational risks

JANUARY 2023

Upcoming EU Rules on Green Claims. Covington and Burling LLP/ Lex January 23, 2023

DECEMBER 2022

Children's toy advertising code in Spain gets gender equality update

Osborne Clarke/ Lex December 29, 2022

NOVEMBER 2022

The European Parliament Adopts New Sustainability Reporting Rules. Jones Day November 22, 2022

Corporate Sustainability Reporting Directive (above) affects companies with 'substantial business activity in the EU.'

OCTOBER 2022

Confianza Online Ethical Code EN 2022. The linked document is an unofficial translation of the key clauses of the Confianza Code 2022 version. Original in Spanish here

JULY 2022

Spanish government publishes draft bill on 'loot boxes' and proposes prohibiting their use to minors

Osborne Clarke/ Lex July 25, 2022

April 2022

23/4/22. Big Tech companies to face new EU content rules. This is the news that the 'Trilogue' (consisting of representation from the European Commission, the Council of the European Union and the European Parliament) have reached agreement on the Digital Services Act, 'a landmark piece of legislation that aims to address illegal and harmful content by getting platforms to rapidly take it down.' The Council's press release is here

December 2021 EC developments

December 2021 EASA update on Empowering the Consumer for the Green Transition. The EC has delayed the tabling of this initiative until 30 March 2022. Their ‘sweep’ results checking sustainability claims are here

December 2021 EASA update on the progress of the European Commission Beating Cancer Plan (BECA). The EC plan potentially impacts marketing/ advertising in both the Alcohol category and the Food and Beverages category

December 2021 EASA update on the progress of the Digital Services Act

FOOD AND SOFT DRINKS

29/10/21 Spanish government to ban advertising aimed at children of unhealthy foods such as chocolate, juices and ice creams (EN)

"From 2022 and directly through a Royal Decree, the Ministry of Consumer Affairs will regulate the broadcast of advertising for unhealthy foods and drinks directed at children under 16 years of age on television, radio, social networks, websites, apps, cinema and print media. It will thus replace the PAOS Self-Regulatory Act, in force since 2005." From a separate article here.

October 2021 Legal developments

New Consumer Protection Regulations In Sight: Promoted Search Engine Results And Fake Reviews In The Spotlight

From Abril Abogados/ Gala/ Mondaq. 'The amends will be focused on the prohibition of surreptitious advertising in social media, until now not expressly regulated, and the publication of fake reviews and ratings or paid by the manufacturer on products for sale on the Internet. Thus, to avoid such reviews and ratings, entrepreneurs will have to ensure that the reviews that appear come from consumers or users who have actually purchased the goods or used the service. Including consumer reviews without verifying that they have actually purchased the goods or the inclusion of false reviews will be considered an unfair practice.'

SRO news October 2021

Training program for consumers on advertising regulation and self-regulation
https://www.autocontrol.es/formacion/campana-formacion-consumidores-regulacion-autorregulacion-publicitaria/

The Directorate General for the Regulation of Gambling and AUTOCONTROL renew their Co-regulation agreement on gambling advertising

https://www.autocontrol.es/2021/10/14/direccion-general-del-juego-y-autocontrol-convenio-corregulacion-publicidad-juego/

EC developments September 2021

The Digital Services Act package

EASA's September 2021 update on the DSA here

And on the Better Internet for Children Strategy (BIK strategy) here

And on environmental claims and the new consumer agenda here

EU pages on the Farm to Fork strategy here

The EU’s Green Consumption Pledge Initiative focuses on 'non-food or mixed businesses with direct interaction with consumers'

And complements the EU Code of Conduct for Responsible Food Business and Marketing Practices, in force July 2021

August 2021

EU issues: an update on the progress of the Digital Services Act is here, on the Farm to Fork strategy (see below) here, and on 'Green transition' here

February/ March 2021

Latest – and significant – news on the EU Farm to Fork strategy here; EU pages on the strategy here

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In the context of Europe’s ‘Beating Cancer Action Plan’, there will be some impact on self-regulation regarding HFSS food advertising, alcohol advertising and Audiovisual Media Service Directive (AVMDS) provisions on commercial communications, similar to the above ‘Farm to Fork’ implications. This relates to the new clauses introduced by the 2018/1808 Directive

The EU’s Green Consumption Pledge Initiative focuses on “non-food or mixed businesses with direct interaction with consumers” and complements the EU Code of conduct for responsible business and marketing practices that will focus on the food sector. This is planned for June 2021

And the ‘green sweep’ - an EU review of websites that make environmental claims - finds that ‘in 42% of cases the claims were exaggerated, false or deceptive and could potentially qualify as unfair commercial practices under EU rules. ‘Greenwashing' has increased as consumers increasingly seek to buy environmentally sound products.’

January 2021

With the start of the new year, AUTOCONTROL has updated its service offering (ES) and, among others, has launched two new consulting services:

la Consultoría orientativa de protección de datos,

Data protection consultancy and

la Consultoría sobre campañas de publicidad o web

Consultancy on ad campaigns or the web

January 2021

FOOD: the EU's Farm to Fork strategy (EN) underlines that the Commission "will develop an EU Code of conduct for responsible business and marketing practice accompanied with a monitoring framework. The Code will be developed with all relevant stakeholders" in Q2 2021

Digital Services Act; Dec 2020 EASA news

The European Commission presented the Digital Services Act (DSA) that proposes a set of new EU wide rules for digital services, including on online advertising. According to the Commission, “the new framework will rebalance the rights and responsibilities of users, intermediary platforms, and public authorities and is based on European values - including the respect of human rights, freedom, democracy, equality and the rule of law”. The proposal is available here and press release here. The European Parliament and EU Member States will soon start discussing the proposal in the ordinary legislative procedure. In the first week of January, the EU Member States will meet in the margins of the Internal Market Working Party to discuss the proposal

November 2020

The Spanish Data Protection Authority (AEPD) has approved the Code of Conduct for Data Processing in Advertising Activities (EN). This is the first Code of Conduct on data protection approved by the Spanish DPA under the umbrella of the General Data Protection Regulation (GDPR). The main objective of this Code is to establish an out-of-court system to process complaints about data protection and advertising, which is agile, effective and free-of-charge for consumers. The new procedure will be operational from 1 January 2021.

New Influencer Code in force January 1 2021

AUTOCONTROL and the Spanish Association of Advertising (aea) have launched a new Code for the use of influencers in advertising within the framework of a Collaboration agreement signed with the Ministry of Economic Affairs and Digital Transformation and the Ministry of Consumer Affairs, to promote self-regulation in digital advertising. Unofficial GRS translation here

New Gambling Decree November 2020

A new Royal Decree 958/2020 (ES) that severely restricts Gambling advertising came into force November 2020. The key clauses in English have been unofficially translated by GRS here, the clauses in English aligned with the original Spanish. Scope and definitions here. 'Highlights' are:

- Audiovisual advertising between 1am and 5am only (art.18)

- No sport shirt or stadium or entertainment facility or sports competition sponsorship (art.12)

- No promotional marketing aimed at new customers (art.13)

The appearance in commercial communications of people or characters of relevance or public profile is prohibited (art. 15).

GAMBLING - see above

A new decree that severely restricts Gambling advertising is expected to come into force in October 2020. The draft is here in Spanish. A translation of key clauses is available in Section A of the Gambling database. At minimum, it is expected that sports sponsorship will no longer be permitted and 'welcome bonuses' will also be prohibited

September 2020

Last June, Autocontrol and Kontsumobide (the Basque Institute of Consumer Affairs) signed the extension addendum to the Collaboration Agreement signed on February 2018 with the aim of maintaining the framework for mutual cooperation in the area of control of advertising activity within the scope of the regional community. It will be in force until October 2024, unless there is an earlier decision. According to this agreement, it is foreseen that, before or during any administrative action regarding commercial communications, Kontsumobide will be able to request of AUTOCONTROL information if a certain campaign has obtained a positive Copy Advice® report, or if it has been the subject of a resolution procedure through the Advertising Jury or an equivalent body. Moreover, in the processing of the administrative files related to specific ads which have been subjected to AUTOCONTROL procedures, Kontsumobide will be able to presume, unless proven otherwise, that those responsible of these campaigns act in good faith when they were subject to those decisions. Likewise, and without undermining its competences, Kontsumobide may refer to AUTOCONTROL consumer and user claims for resolution by the Jury of the Advertising of the Association, when the object of the claim is about the legality or the ethical correction of advertising.

April 2020

ICAS, EASA and CONARED Statement on the Importance of Responsible Advertising and COVID-19

https://icas.global/icas-easa-and-conared-statement-on-the-importance-of-responsible-advertising-and-covid-19/

AUTOCONTROL has published a press release in Spanish addressing responsible advertising and COVID-19. Read the full version here.

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SECTION C: TV & RADIO/ AV

EASA Jan 2024 update on AVMSD

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

AUGUST 2024

European/ international issues

Commission's call for evidence on DSA minors protection guidelines; closes 30th Sept 2024

EASA on the above and two calls for tender August 8, 2024

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EASA Jan 2024 update on DSA and DMA

SECTION C: COOKIES AND OBA

MAY 2024

Privacy Sandbox Update News and Updates

EDPB Opinion On Pay Or OK Consent Models By Large Online Platforms

JAN 2024

EASA Jan 2024 update on GDPR and Cookie Pledge

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AEPD updates Cookies Guide (ES). July 2023

The key change is a direct option to reject cookies in the first information layer, similar to acceptance

SECTION C: EVENTS/ SPONSORSHIP

MAY 2024

Ambush marketing: what you need to know ahead of the European summer of sport

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A. Overview

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SECTION A OVERVIEW

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B. Content Rules

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C. Channel Rules

1. TV/Radio/VOD

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SECTION C: TV & RADIO/ AV

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2. Cinema/Press/Outdoor

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3. Online Commercial Communications

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SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

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4. Cookies & OBA

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SECTION C: COOKIES AND OBA

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5. Emails & SMS

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6. Own Websites & SNS

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7. Native Advertising

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8. Telemarketing

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9. Direct Postal Mail

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10. Event Sponsorship/ Field Marketing

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11. Sales Promotion

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D. Advice & Clearance

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E. Links

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