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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Advertising

Posted in Advertising, Data Protection & Privacy, Technology

Webinar Invitation — AdTech and Privacy: Managing Risk in a Complex and Evolving Digital Economy

Join Hogan Lovells and Ankura to learn about the impact of the GDPR and CCPA on cookies and similar AdTech tracking technologies. James Denvil from Hogan Lovells’ Privacy and Cybersecurity practice by senior directors from Ankura to share best practices and their perspectives. Program topics will include: Cookies and Similar Tracking Technologies Defined How cookies and similar tracking technologies support and enhance digital services, including advertising Types of cookies (are your cookies strictly necessary or for marketing purposes?) Ways in which consumers’ digital activities are shared throughout the digital advertising

Posted in Advertising, Technology Photo of Anthonia Ghalamkarizadeh

esports – gearing up to play in the pro leagues!

esports are so much more than an innovative, rapidly growing competitive sports discipline: from a brand owner and investor perspective, esports also provide truly global multi-channel opportunities for unique marketing and advertising initiatives with the potential to appeal to today’s over-sated young audiences. And with the rapid growth of the industry comes its increasingly sophisticated regulation, providing a degree of stability and legal certainty that is crucial for attracting investment. In short, esports come equipped with everything to make the industry a vibrant hot-spot for exciting new business initiatives. At

Posted in Advertising Photo of Anthonia GhalamkarizadehPhoto of Eugene Low

Webinar recording: From homes to stadiums – Brand presence in esports

Last month, our IP Outlook webinar series looked at the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items.The recording of the webinar is now available to watch here. What are esports? Esports refers to competitive video gaming at a professional level, with competitors playing matches in arenas with huge live and online audiences, accompanied by match commentators. The buzz and spectacle accompanying those matches, as well

Posted in Advertising, Internet, Technology Photo of Dr. Ricarda BraunPhoto of Kerstin JonenPhoto of Dr. Martin Adrian Koch

Spring fever at the IP Lounge 3.0 on influencer marketing

On 11 April 2019 our Düsseldorf office hosted its third IP Lounge. The IP Lounge is an event planned and hosted by our younger associates and particularly addresses “Young Professionals” to provide a time and place to get to know each other and exchange ideas. This time, the hot-topic “Influencer-Marketing” was discussed. Dr. Ricarda Braun, Kerstin Jonen and Dr. Martin Adrian Koch provided a very interesting insight into the backgrounds of influencer-marketing, the legal provisions discussed in this regard and the German, currently quite inconsistent case law. Furthermore, Kevin Tewe

Posted in Advertising, Data Protection & Privacy, Digital Single Market (EU) Photo of Christelle Coslin

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act. In this case, the claimant is a lawyer who alleges that a company – whose main activity is the hosting of websites and the management of advertising space – posted on two

Posted in Advertising, Broadcasting, Entertainment & Content, Intellectual Property, Internet, Technology Photo of Eugene LowPhoto of Anthonia Ghalamkarizadeh

Webinar: From homes to stadiums – Brand presence in esports

On 27 and 28 March, our global IP team will take a look at some of the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items (see earlier post here). Esports refers to competitive video gaming at a professional level, with competitors playing matches in arenas with huge live and online audiences, accompanied by match commentators. The buzz and spectacle accompanying those matches, as well as

Posted in Advertising, Data Protection & Privacy, Policy & Regulation Photo of Julian Flamant

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any regulator in a COPPA enforcement matter. The NYAG alleged that AOL used its display ad exchange to help advertisers track and serve targeted display ads to children on hundreds of

Posted in Advertising, Policy & Regulation Photo of Eugene Low

Episode two: Hong Kong relaxes regulations on product placement

The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television Programme Standards and Generic Code of Practice on Television Advertising Standards (together, the “Codes“) in our article: Opening the door for product placement in Hong Kong? (link). The CA conducted a one-month public consultation in

Posted in Advertising Photo of Anthonia Ghalamkarizadeh

Adblocking reloaded: No unfair competition, says German Supreme Court

Germany’s highest civil court signs off on the business model behind AdBlock Plus The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair competition rules. On 19 April, the German Federal Supreme Court (BGH) handed down its landmark ruling on the legality of adblocking (BGH, file number I ZR 154/16). Given that AdBlock Plus is highly popular throughout the world, the decision will have repercussions for online advertising and for publishers of online content far beyond the borders of

Posted in Advertising, e-commerce Photo of Anthonia GhalamkarizadehPhoto of Thomas Richter

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

Hogan Lovells assists PayPal in securing an important victory for German retail Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free for all to use in commerce, signaling the end of a trademark monopoly that has been aggressively exercised against German retail during the past 18 months. Hogan Lovells, represented by Anthonia Ghalamkarizadeh and Dr. Thomas Richter,

Posted in Advertising, Internet, Policy & Regulation, Technology Photo of Peter WattsPhoto of Oliver Wilson

House of Lords issues report on digital advertising market

Yesterday the House of Lords published a report into the UK’s digital advertising market.  It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing workforce skills and attracting international talent; and, for those who have been involved the debate about digital ads, it covers some familiar themes: Measuring ad effectiveness.  While acknowledging the undoubted benefits of digital advertising, the report cites calls from advertisers to improve the standards for what counts as an ad view for the purposes

Posted in Advertising, Entertainment & Content Photo of Meghan Rissmiller

Moving Beyond #Ad: Instagram Unveils New Tool for Disclosing Endorsements

Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid partnership with…” It is designed to help users clearly and conspicuously tag the brand that sponsors a post. The announcement comes just two months after the Federal Trade Commission (FTC) focused its attention, for the first time, on influential Instagram users and raised concerns about whether certain users were violating FTC Endorsement

Posted in Advertising, Policy & Regulation Photo of Natalia GulyaevaPhoto of Maria Sedykh

Russia limits Foreign Ownership in TV Audience Measurement Businesses

On 3 July 2016 the Russian President signed into law a bill amending the Law on Mass Media and Advertising Law (the “Law“), which restricts foreign ownership in TV audience measurement businesses to 20%. The Law provides that TV audience measurements may be carried out exclusively by organizations authorized by the Federal Service for Supervision of Communications, Information Technology and Mass Media (the “Roskomnadzor“) which shall submit annual research reports to Roskomnadzor as well as place such reports on their websites (the “Authorized Organizations“). Antitrust restrictions are not applicable to

Posted in Advertising, Policy & Regulation Photo of Eugene LowPhoto of Deanna WongPhoto of Andrew McGinty

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <互联网广告管理暂行办法>), which will come into effect on 1 September 2016. These will be the first set of national level rules specifically regulating advertising activities through the Internet and other online media. This is in line with the Chinese government’s earlier attempts

Posted in Advertising, Policy & Regulation Photo of Anthonia Ghalamkarizadeh

Germany: First inroads against adblocking

Eyeo ordered on appeal to whitelist Axel Springer media for free on AdBlock Plus German media house Axel Springer has won a first significant victory in the adblocking battle that has been keeping the digital advertising industry on its toes for over a year now. Read up on the procedural history between German media houses and Eyeo GmbH, the company behind the world’s most popular adblocker AdBlock Plus. Adblocking is steadily on the rise. In a workshop recently organized by the German Federal Commission on the Convergence of Media, the

Posted in Advertising, Broadcasting, Digital Single Market (EU) Photo of Peter WattsPhoto of Charlie HawesPhoto of Oliver Wilson

CJEU Debates Limits on TV Advertising in Europe

In its decision in Sanoma Media v Viestintävirasto the Court of Justice of the European Union signals a technical but potentially significant clarification in the application of the Audio Visual Media Services (AVMS) Directive. This may trigger some national regulators to re-examine their approach and some broadcasters may, in turn, face pressure to adjust the amount of advertising content within their schedules or their presentation of that content. The Directive, currently subject to possible review as part of the Digital Single Market initiative, is the foundation of much of the

Posted in Advertising, Internet Photo of Adrian EmchPhoto of Zhen FengPhoto of Eugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms. In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition rules by utilizing certain decryption measures to block ads while displaying videos streamed from iQiyi, one of China’s main online video sites. The judgment also addressed the issue of online businesses “scraping

Posted in Advertising, e-commerce, Internet Photo of Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus. The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the courts of Hamburg and Munich which in April and May had already rejected parallel actions brought by other large publishing houses, among them RTL, ProSieben Sat.1 Digital and Handelsblatt.

Posted in Advertising, Internet Photo of Eugene LowPhoto of Deanna Wong

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for Supervision and Administration over Internet Advertising (‘Draft Measures’). The Draft Measures have implications for virtually every company providing goods or services in China, and in this post, we summarize the highlights.   Scope of regulated

Posted in Advertising, Internet, Telecoms & Broadband Photo of Anthonia Ghalamkarizadeh

Part II of the AdBlock Plus trilogy – Munich court says no infringement

A few weeks ago, we reported on the decision of the Hamburg District Court in the ongoing adblocking litigation concerning the software AdBlock Plus of Eyeo GmbH. Yesterday, the District Court of Munich followed suit, dismissing all claims brought by subsidiaries of RTL und ProSiebenSat.1 Digital. The judges found that the relationship between Eyeo’s business and that of the media houses is not sufficiently close to amount to a competitor relationship under the German Unfair Competition Act. Beyond that, the court held that Eyeo does not willfully interfere with the advertising business of the media

Posted in Advertising, Internet, Policy & Regulation, Telecoms & Broadband Photo of Anthonia Ghalamkarizadeh

Adblocking to extend to mobile markets?

As reported in the press last week, the rise of adblocking appears to be spreading (read our earlier reports here and here). On 14 May, the Financial Times reported that a number of mobile operators are currently developing plans to block advertising on their networks. One unnamed European wireless carrier told the Financial Times that it plans to roll out adblocking by the end of this year. The mobile adblocking technology in question was developed by the Israeli start-up Shine. Roi Carthy, chief marketing officer of Shine, told the Financial Times that

Posted in Advertising, Policy & Regulation Photo of Eugene Low

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China. According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just one day of using the toothpaste. The AIC found that the alleged visual “whitening” effect in the advertisement was a result of computer editing, as opposed to the actual effect

Posted in Advertising, Policy & Regulation Photo of Natalia GulyaevaPhoto of Maria Sedykh

News in Russian Advertising Law

Russian Advertising Law[3] has been substantially amended in the course of 2014 and January 2015. More details are below, but the most remarkable amendments relate to the introduction of a prohibition on advertising on Pay-TV channels and prohibition on advertising of alcoholic beverages. In addition, some restrictions introduced in 2014 have been now softened, with more potential amendments in the works.  Parties seeking to advertise in Russia should continue to monitor closely for new developments. The Ban on Advertising on Pay-TV Channels, and Subsequent Amendments The amendments[4] to the Advertising

Posted in Advertising, Broadcasting

Poland: New bill on the advertising of junk food to children

The Polish Ministry of Culture is currently working on a set of amendments to the laws on TV and radio broadcasting. The planned amendments will include a full ban on the advertising of unhealthy food to children under the age of 12. The amendments are yet to be approved by Parliament, but have already been deemed part of a general move, in Poland, aimed at limiting children’s access to products considered to be unhealthy and which lead to child obesity, as well as other related diseases. The Polish parliament has recently