SECTION C: TV & RADIO/ AV

All Swedish TV and radio channels are under the supervision of The Swedish Broadcasting Authority, whose powers are based on the regulations of the Radio and TV Act 2010:696 (EN), which implements the AVMS Directive

• Advertising in this channel (where permitted) is subject to the rules set out in content section B, i.e. both the sector (children) and the general content rules
• The general channel rules, i.e. those that apply to all product categories and audiences, children included, should also be observed; they are shown below under the General tab

TV advertising to children is generally prohibited: 

• Chapter 8 Section 3. TV broadcasts that contain religious services, or programmes primarily aimed at children below 12 years of age, may not be interrupted by advertising. In on-demand TV, programmes primarily aimed at children below the age of 12 may not be interrupted by advertising
• Chapter 8 Section 7. Commercial advertising in television broadcasts, Teletext and on-demand TV may not be designed to attract the attention of children less than 12 years of age
• Chapter 8 Section 7 Commercial advertising in television broadcasts and on-demand TV may not appear immediately before or after a programme or part of a programme that is primarily directed to children below 12 years of age
• Chapter 8 Section 8. Individuals or characters who play a prominent role in programmes that are primarily aimed at children below the age of 12 years may not appear in commercial advertising on television broadcasts, Teletext and on-demand TV.

• Not in programmes directed to children below the age of 12 years (in Ch. 6 s. 2)
• Must not directly encourage purchase or rental of goods or services 
• Product placement must be indicated at the beginning and at the end of the programme, as well as when the programme resumes after an interruption for advertising. This indication must be a neutral notification that there is product placement and of the goods / services which have been placed in the programme

​

• We can find no specific prohibition of sponsorship of children’s programmes; we are advised by Ro: ‘Swedish TV channels in the terrestrial network are, in accordance with their respective broadcasting licences issued by the government (public service), and by the Swedish Broadcasting Authority, not allowed to sponsor children's programmes.’
• Chapter 8 (3), referenced above, of the Radio and Television Act, presumably provides a ‘blanket’ ban

We can find no rules specific to advertising to children on Radio, or sponsorship of children’s radio programmes 

SECTION C: TV & RADIO/ AV

STANDARD RULES 

• The content rules set out in section B apply; the self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here). Content rules from the Marketing Act (MA; EN) pertain in all channels; any channel rules from the MA are shown in the relevant sections below
• Commercial advertising in TV broadcasts, Teletext, and on-demand TV must not be designed to attract the attention of children under the age of 12 (Radio & TV Act RTVA; EN. Chap. 8, s. 7)
• Programmes (TV or On-demand TV) primarily aimed at children under 12 years of age must not be surrounded or interrupted by advertising (Chap. 8, ss 3 & 7). Nor may these programmes contain product placement (RTVA Chap. 6, s. 2)
• Must not feature individuals or characters who play a prominent role in children’s programmes (s.8) or people who play a prominent role in programmes that primarily involve news or news commentaries (s.9 RTVA)

The Radio and TV Act linked above is the GRS translation of the unamended act. Directive 2018/1808, which amends the AVMS Directive to extend its scope into e.g. video-sharing platforms; extract from recital 3:  'Channels or any other audiovisual services under the editorial responsibility of a provider can constitute audiovisual media services in themselves, even if they are offered on a video-sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will fall to the providers with editorial responsibility to comply with Directive 2010/13/EU'. The Radio and TV Act has been duly amended and is in Swedish here. Commercial content rules are essentially unchanged; what's changed is where they are applied

PRODUCT PLACEMENT (Ch. 6 RTVA)

• Permitted only in films, TV series, sports and light entertainment programmes
• Prohibited in programmes directed at children under 12 years of age
• Must not directly encourage purchase or rental of goods or services 
• Product placement must be indicated at the beginning and at the end of the programme, as well when the programme resumes after an interruption for advertising
• This indication must be a neutral notification that there is product placement and of the goods/ services which have been placed in the programme

SPONSORSHIP (Ch. 7 RTVA)

• Prohibited in news or news commentary programmes
• Must not influence editorial independence
• Must not directly encourage purchase or rental of goods or services 
• The sponsored programme must show a message communicated at the beginning or end of the programme (or both) which indicates who has contributed to the financing
• The message should contain the name, logotype or other mark of the sponsor. The message may not contain sales promotion features
• If only part of a programme is sponsored, the sponsorship message should be communicated at the beginning or at the end of that part
• In every case, sponsorship messages require that the integrity and value of the programme, or the rights of the holders of rights have not been violated
• In the case of TV broadcasts, sponsorship messages can also be communicated in sports events with extended breaks
• The sponsorship identification may be communicated on a split screen (in cases referenced in ss 4-6)

RADIO (Ch. 15)

• Individuals who play a prominent role in radio broadcasts that primarily involve news or news commentaries may not appear in advertising (s.4)

Sponsorship on Radio

• Radio programmes that mainly concern the news or contain news commentary may not be sponsored (s.8)
• The media services provider of a sponsored radio programme is required to indicate who has contributed to the financing. Such a message should be communicated in an appropriate manner at the beginning and at the end of the programme or at one of these times
• The sponsorship message should not contain sales promoting features (s.10)

SECTION C TV/AV AND RADIO

EASA Jan 2024 update on the AVMSD

• These rules are ‘general’ cross-border regulations, i.e. channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth programming; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website
• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to all channels. Where there are content rules specific to the channels in this section, we show them below
• Chapter B of the ICC Code linked above covers media sponsorship (Art. B12). The rules do not include product placement
• The Audiovisual Media Services (AVMS) Directive 2010/13/EU is the key legislation; this was significantly amended by Directive 2018/1808, whose 'headline' was new rules for Video Sharing platforms (VSPS), but which made some other fairly significant amends to the AV framework, albeit none that had a notable impact on the content of commercial communications. The Directive's new/ adjusted rules in that context are assembled here and there's a helpful June 2021 commentary from Simmons & Simmons/ Lexology here and their June 2022 version is here. Some provisions are shown below

Article B12: Media sponsorship

• The content and scheduling of sponsored media properties should not be unduly influenced by the sponsor so as to compromise the responsibility, autonomy or editorial independence of the broadcaster, programme producer or media owner, except to the extent that the sponsor is permitted by relevant legislation unless the sponsor is legally allowed to be the programme producer or co-producer, media owner or financier funder;
• Sponsored media properties should be identified as such by presentation of the sponsor’s name and/or logo at the beginning, during and/or at the end of the programme or publication content. This also applies to online and in social media, including any influencer involvement material;
• Particular care should be taken to ensure that there is no confusion between sponsorship of an event or activity and the media sponsorship of that event, especially where different sponsors are involved.

​

SECTION C: CINEMA, PRINT, OUTDOOR

• Commercial advertising content in Swedish cinemas does not need to be pre-cleared
• While there is no specific regulation that prohibits communication to children in child-oriented films, clearly the whole environment must be approached with caution, per the ICC Code (EN) Article 18, and any sectors that that carry specific restrictions (gambling, alcohol, some foods) should avoid films that have or are likely to have a significant (25%+) child audience
• The content rules in section B, aside from those that identify other channels (cf. broadcast and digital), apply in this medium - both the child-specific rules and the general rules applicable to all sectors and audiences, children included 

Standard rules

• The content rules set out in our earlier section B should be observed in this channel, except where they are specific to other channels (cf. digital channels)
• Clearly, advertisers in restricted sectors will avoid child / young people’s publications; the ICC Code article 18 states ‘Products unsuitable for children or teens should not be advertised in media targeted to them, and advertisements directed to children or young people should not be inserted in media where the editorial matter is unsuitable for them.’

​

• Advertisers in particularly child-sensitive categories such as Gambling, Alcohol, some foods, are frequently required to avoid posting near schools or other locations where a high proportion of young people may be present, either by local authorities, their own trade associations, or convention in the business
• The Content rules set out in our Section B will apply, except for those identified as specific to Audiovisual media or digital channels

SECTION C: CINEMA, PRINT, OUTDOOR

CINEMA

• The content rules in section B above apply to the cinema channel, except those specifific to broadcast. While the prohibition of advertising to children applies technically to television only, according to the Self-Regulatory Organisation RO “The prohibition on advertising to children specified for TV may possibly affect the design of cinema commercials to children.”
• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here). Rules from the Marketing Act (EN) also apply

PRINT

Press, magazines, promotional literature, e.g. leaflets, brochures, etc.

• The content rules in section B above apply to print, except those specific to broadcast 
• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here). Rules from the Marketing Act (EN) also apply

OUTDOOR

• The content rules in section B above apply to outdoor media, except those specific to broadcast 
• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here). Rules from the Marketing Act (EN) also apply
• This story appeared in the UK trade press June 2018: Stockholm to ban sexist ads from city streets. It is not clear whether the threat to remove 'offending' posters is carried out; what is clear is that there is an aggressive attitude from the authorities towards what might be considered to be ‘sexist’ advertising

The international association for OOH advertising is the World Out Of Home organisation (WOO); membership here

.........................................................

SECTION C: CINEMA, PRINT, OUTDOOR

Applicable self-regulation and legislation 

• These rules are ‘general’ cross-border regulations, i.e. channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth publications or films for children; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website
• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to all channels. Where there are content rules specific to the channels in this section, we show them below, 2024 amends in italics. In the context of ‘Native’ advertising in particular, articles 7 and 8 of the ICC Code shown below are relevant
• The Unfair Commercial Practices Directive 2005/29/EC; re native advertising in particular in print, and all provisions related to misleadingness etc. apply in all media; some clauses below
• In terms of channel rules, Chapter B (Sponsorship) of the ICC Code will apply; article B12 (shown below with 2024 amends)

Refer to Content Section B for provisions; of particular relevance below:

• Marketing communications should be clearly distinguishable as such, whatever their form and whatever the medium used. When an advertisement, including so-called “native advertising”, appears in a medium containing news or editorial matter, it should be so presented that it is readily recognisable as an advertisement and where appropriate, labelled as such. The true commercial purpose of marketing communications should be transparent and not misrepresent their true commercial purpose. Hence, a communication promoting the sale of a product should not be disguised as, for example, market research, consumer surveys, user-generated content, private blogs, private postings on social media or independent reviews.
• Marketing communications, regardless of format or medium, should be easily identifiable, allowing consumers to clearly distinguish between commercial and non-commercial content
• Identification disclosures should be prominent, clear, easily legible and appear in close proximity to the commercial message where they are unlikely to be overlooked by consumers
• Marketing communications should be transparent about their true commercial purpose, and not misrepresent it. Hence, a communication promoting the sale of goods, or the contracting of a service should not be disguised, for example as news, editorial matter, market research, consumer surveys, consumer reviews, user-generated content, private blogs, private postings on social media or independent reviews etc.
• In the case of mixed content, such as with news or editorial matter or social media, the marketing communication element should be made clearly distinguishable as such, and its commercial nature should be transparent. It should be so presented that it is readily and immediately recognisable as a marketing communication and where appropriate, labelled as such.

Identity of the marketer (Art. 8)

• The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty. The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. so-called 'teaser advertisements').

Annex I of the UCPD 

11. Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial). This is without prejudice to Council Directive 89/552/EEC (1)

22. Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer

...........................................

Article B12 ICC Code Media sponsorship

• The content and scheduling of sponsored media properties should not be unduly influenced by the sponsor so as to compromise the responsibility, autonomy or editorial independence of the broadcaster, programme producer or media owner, except to the extent that the sponsor is permitted by relevant legislation unless the sponsor is legally allowed to be the programme producer or co-producer, media owner or financier funder;
• Sponsored media properties should be identified as such by presentation of the sponsor’s name and/or logo at the beginning, during and/or at the end of the programme or publication content. This also applies to online and in social media, including any influencer involvement material;
• Particular care should be taken to ensure that there is no confusion between sponsorship of an event or activity and the media sponsorship of that event, especially where different sponsors are involved.

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

This section sets out the rules for the commercial environment for marcoms to children online. Below this, specific channels such as email, marketers’ own websites, and OBA are covered. As the boundaries online can be less clear, and as space online is often advertiser-owned, the identification of what is advertising is significant, as advertising is subject to the rules in owned and (some) earned space as well as paid. The definition of advertising is: ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour’ -  from the ICC Advertising and Marketing Communications Code (EN), on which Ro base their decisions

• All of the content rules set out in section B apply online, except those that identify audiovisual media. The general content rules, shown beneath the sector tab in section B, also apply
• The general channel rules, i.e. those that apply to all sectors and audiences, children included, are shown below under the General tab. These include statutory consent and information requirements in some channels. Privacy issues should be reviewed with specialist advisors

• The General Data Protection Regulation 2016/679 (GDPR) came into force in member states from 25 May 2018, and may apply if personal data is processed. An assembly of the relevant articles and recitals related to children is here. See point 1 below
• Rules from the Marketing Act apply online; the child-related article is re ‘exhortation’:  prohibited is ‘Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them.’
• The Swedish Consumer Agency’s Guidance on Marketing Aimed at Children and Young People applies online and addresses a number of digital scenarios. A document that shows the original Swedish with a translation is here. Core provisions shown under point 2 below
• Guidelines on Marketing In Social Media, also from the Swedish Consumer Agency, addresses inter alia marketing to children; see point 2.2. below

• The ICC Advertising and Marketing Communications Code (EN) carries some specific requirements for digital marketing communications to children (Article 19.4 under General Provisions and Chapter C, article C7):
• A further industry influence in electronic communications and direct mail is SWEDMA, the Swedish Direct Marketing Association, whose various codes are also shown in section C. Finally, and importantly, note that it is forbidden to directly address advertising in any form (mail, email, SMS) to children under 16 (the Swedish Marketing Court 1983:16 and 1999:26)
• From a YT blog of October 2021 is the news 'we’ve recently updated our policies to remove overly commercial content from YouTube Kids, such as videos that only focus on product packaging or directly encourage children to spend money.' Content policies for YouTube Kids
• Also worthy of note is the International Consumer Protection Enforcement Network (ICPEN), a network of consumer protection agencies from over 60 countries, who publish Best Practice Principles for Marketing Practices Directed Towards Children Online (June 2020) 

From the EC Data Protection pages relating to the GPPR:

‘Are there any specific safeguards for data about children?

• Your company/ organisation can only process a child’s personal data on grounds of consent with the explicit consent of their parent or guardian up to a certain age. The age threshold for obtaining parental consent varies between 13 and 16 years, depending on the age established in each EU Member State. Check with your National Data Protection Authority (Note: In the case of Poland, that’s UODO; they refer in their GDPR guidelines (see below) to ‘children’ in this context being under 16.)
• A reasonable effort must be made, taking into consideration available technology, to verify that the consent given is truly in line with the law. That means that your company/ organisation must implement age-verification measures (for example control questions, actions on the website)
• The consent from the parent or guardian must be obtained if your organisation works on online social networking sites that provide free games to children or family insurance, for example
• If your organisation targets children, you must ensure that any information and communication addressed to a child is easily accessible and in clear and plain language that a child can easily understand’

• Articles 8 and 12 and Recitals (38) and (58) of the GDPR. References are here:
  http://www.g-regs.com/downloads/CHEUGDPRrefs.pdf
• EDPB Guidelines on Consent under Regulation 2016/679 (May 2020); see Section 7.1. This is definitive guidance on Consent issues relating to the GDPR generally and children in particular, providing e.g. direction on the obtaining of consent from parental authorities, rules relating to Information Society Services etc.
  https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_202005_consent_en.pdf

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

CONTEXT

This section sets out the rules for the commercial online environment. Below this, specific channels such as email, marketers’ own websites, and OBA are covered. As the boundaries online can be less clear, and as space online is often advertiser-owned, the identification of what is advertising is significant, as advertising is subject to the rules in Owned and (some) Earned space as well as Paid. The definition of advertising is therefore important: ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour’ Is from the applicable ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here)

KEY RULES 

• All of the content rules set out in section B apply online, except those specific to broadcast 
• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here), which applies to commercial communications online. Rules from the Marketing Act (EN) also apply 
• Non paid-for channels in Sweden, such as marketers’ own websites and SNS spaces, are also ‘in remit’ i.e. covered by the rules. Specifics are covered later in this section, but the principle applied in paid space also applies in unpaid or owned space: if it’s a marketing communication, it’s covered
• The key self-regulatory document that guides Digital Marketing Communications (DMCs) in Europe is the European Advertising Standards Alliance's (EASA) DMC Best Practice 2023. While it's not per se binding in Sweden, it’s based on the ICC code and includes some helpful guidance on what techniques are in remit in, for example, marketers’ own websites. The guidance is also referenced in that section below; in brief, both viral and UGC are considered to be in remit only when endorsed by the marketer
• The DSA: Consequences of the use of digital advertising from Dentons/ Lex August 30, 2022 covers the significant implications of this EU legislation (the Digital Services Act) on the advertising industry; in force 1 January 2024

SOCIAL MEDIA  

• The most topical issues are those to do with social media/ native/ blogging. Rules/ guidance are shown under Marketers’ Own websites and Native. Meanwhile, the most important guidance for social media usage, aside from the ICC rules that apply online and are linked above, are those from the Swedish Consumer Agency. The organisation publishes a number of guidance documents which can be found here (SW). In this context, the most significant is their Guidance on Marketing in Social Media (EN). See our section A Overview for a recent case

• The EASA Best Practice Recommendation on Influencer Marketing 2023 is not binding, but it is helpful guidance on how European regulators should approach this rapidly developing marketing technique

• The European Data Protection Board published April 2021 Guidelines 8/2020 on the targeting of social media users (EN)

E-COMMERCE 

• ‘The e-Commerce Act and the Distance and Off-Premise Contracts (DAL) are important laws that you should know when selling goods and services over the Internet’ (Swedish Consumer Agency; link is to relevant section)
• e-Commerce guidance is also shown under Marketer’s Own Websites, and Electronic Communications; the Swedish Consumer Agency summary of requirements is here (SW); the e-Commerce and Distance Contract acts are shown in our links section E 

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

Repository of European IAB’s Initiatives for Responsible Digital Advertising
IAB 30 September 2024. Topics Privacy, DSA, Influencer marketing, Qualid, Child Safety, 

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

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

Meta and self-regulation December 2023 

This particular section provides the broad regulatory picture for the commercial digital environment. More specific channel rules such as those for email, OBA, Social Networks etc., follow. As the boundaries online can be less clear, and as a considerable amount of space online is advertiser-owned, there’s greater focus on the identification of advertising, as advertising is in remit (i.e. subject to the rules) online in owned and (some) earned space as well as paid

• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to all channels, online included
• The channel rules shown here are ‘general’ cross-border regulations, i.e. those channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth platforms online; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website
• Chapter C of the ICC Code (linked above): Direct Marketing and Digital Marketing Communications; extracts below under 'self-regulatory clauses'
• ICC Guide for Responsible Mobile Marketing Communications
• EASA Best Practice Recommendation on Digital Marketing Communications 2023
• EU Data Protection: Online advertising - A patchwork under construction DLA Piper/ Lex Feb 27, 2023. This is a helpful piece setting out the requirements and restrictions of various EU legal instruments

Online Deals Do's And Don'ts For Online Business Under EU Law

Logan & partners/ Mondaq November 28, 2023

• Directive 2002/58/EC on privacy and electronic communications

• Directive 2000/31/EC on electronic commerce

• Regulation 2016/679/EU on the processing of personal data (GDPR) 

• Directive 2018/1808 amending AVMS Directive 2010/13/EU 

•  

Two relatively recent arrivals in EU digital platform regulation are the Digital Markets Act (implemented May 2023), aka Regulation (EU) 2022/1925 and its implementing provisions; Commission explanatory pages here and the Digital Services Act, pages here (implemented Feb 2024 for all platforms) aka Regulation 2022 (EU) 2022/2065. The first, as the name implies, is the EU's means of reining in the major digital 'gatekeepers' to ensure 'fairer and more contestable' markets. Somewhat obviously, the rules are aimed at platforms rather than advertisers and agencies, though there are implications for behaviourally targeted advertising. The DSA's main goal 'is to prevent illegal and harmful activities online and the spread of disinformation.' Loosely, this is the EU's Online Safety Act.

Chapter C ICC Code; Direct Marketing and Digital Marketing Communications (extracts) 

2024 amends in italics; there are some 20 articles in this section of the code  

C2. Identification and transparency

• Marketing communications should be properly identified, as such in accordance with Article 7 of the General Provisions subject descriptors should be accurate and the commercial nature of the communications, as well as the identity of the marketer, should be transparent to the consumers in accordance with Articles 7-8 of the General Provisions. 
• Where a marketer has created or offered consideration for a product endorsement or review, the commercial nature should be transparent. In such cases, the endorsement or review should not state or imply that it is from or conferred by an individual consumer or independent body
• Marketers should take appropriate steps to ensure that the commercial nature of the content of a social network site or profile under the control or influence of a marketer is clearly indicated and that the rules and standards of acceptable commercial behaviour in these networks are respected
• Any image, sound or text which, by its size, volume or any other visual characteristic, is likely to materially reduce or obscure the legibility and clarity of the offer should be avoided

Article C3 – Presentation of the offer
 

The terms of offers should be presented in a transparent and understandable manner in accordance with Article 11 (Presentation of the Offer) of the General Provisions

C2. Identity of the marketer

• The identity of the marketer and/ or operator and details of where and how they may be contacted should be given in the offer, so as to enable the consumer to communicate directly and effectively with them. This information should be where technically feasible available in a way which the consumer could access and keep, i.e. via a separate document offline, an online or downloadable document, email or SMS or log-in account; it should not, for example, appear only on an order form which the consumer is required to return.
• At the time of delivery of the product, the marketer’s full name, address, e-mail and phone number should be supplied to the consumer

SECTION C: COOKIES AND OBA

• Rules for the treatment of children’s personal data are referenced under the previous section Online Commercial Communications; GDPR lawful processing rules may apply if cookies identify individuals. Privacy issues should be reviewed with specialist advisors
• The general channel rules, i.e. the information and consent rules for cookies that apply to all sectors and audiences, are shown below under the General tab; given the general prohibition of sending direct advertising to children, and the sensitivity around the whole issue of marketing to children, special care must obviously be taken in this context

• OBA, like any other advertising, is subject to the rules set out in our earlier content section B - both the child-specific and the general rules - except those that identify broadcast channels; the principal set of general rules is the ICC Advertising and Marketing Communications Code (EN), which applies to all sectors and media; see articles 18 and 19 of the General Provisions and C7 of Chapter C for child-specific rules
• The channel rules for all product categories and audiences also apply; see the General tab below
• The tracking/ tracing cookies that may generate behavioural advertising, albeit third party, may also be subject to the cookie rules referenced above. Check with specialist advisors
• The definitive official guidance on profiling for marketing purposes is here: Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679. See Chapter V Profiling and Children. From that: ‘Because children represent a more vulnerable group of society, organisations should, in general, refrain from profiling them for marketing purposes. Children can be particularly susceptible in the online environment and more easily influenced by behavioural advertising. For example, in online gaming, profiling can be used to target players that the algorithm considers are more likely to spend money on the game as well as providing more personalised adverts. The age and maturity of the child may affect their ability to understand the motivation behind this type of marketing or the consequences. ‘ (Footnotes excluded)

A good number of companies and organisations in Europe are supporters of and engaged in the European self-regulatory programme for OBA, administered by the European Interactive Digital Advertising Alliance (EDAA http://www.edaa.eu).  The OBA icon,

which can be found on digital advertising and on web pages to signal that OBA is on those sites, is licensed to participating companies by the EDAA. The consumer is provided with a link to http://www.youronlinechoices.eu/, a pan-European website with information on how data is used, a mechanism to ‘turn off’ data collection and use, and a portal to connect with national Self-Regulatory Organisations for consumer complaint handling. Note that OBA segments may not be created for children (under 12)

SECTION C: COOKIES AND OBA

Q&A: protecting privacy & confidentiality (EN)
Advokatfirman Delphi June 30, 2023

• The Electronic Communications Act (SW) implemented the 'Cookie Directive' 2009/136/EC in Sweden
• Data protection in Sweden pre GDPR was primarily the domain of the Personal Data Act 1998:204, which was repealed and replaced by the new Data Protection Act 2018:218 (SW)
• The key EU guidance in this context is Guidelines on consent under Regulation 2016/679 (May 2020). From pt. 7: 'The EDPB notes that the requirements for consent under GDPR are not considered to be an ‘additional obligation’, but rather as preconditions for lawful processing. Therefore, the GDPR conditions for obtaining valid consent are applicable in situations falling within the scope of the e-Privacy Directive.'
• IAB Europe published in May 2020 their Guide to the Post Third-Party Cookie Era and in July 2021 Guide to Contextual Advertising
• From ICAS' March 2022 newsletter: Google has published key actions for advertisers to take to prepare for a cookieless future as longer-term solutions for more advanced privacy-safe technology are still in development. Read the Privacy-Safe Growth Playbook here

Privacy issues should be reviewed with specialist advisors

European Union: Targeted advertising on social networks: Is consent mandatory? (EN)
Haas Avocats 19 September 2023

CJEU Landmark Data Protection Ruling for Online and Behavioural Advertising

William Fry/ Lex September 8, 2023

Privacy rules for targeted advertising in the UK and EU. Reed Smith/ Lex August 2023

• EU Rules on Online Targeted Advertising from Covington and Burling/ Lex August 2022 sets out the existing targeted advertising rules and the impact of the DSA, in force January 2024
• GDPR lawful processing rules may apply if data processing identifies individuals (see above). Definitive profiling guidance is from the Article 29 Working Party, now the European Data Protection Board here
• Facebook's Meta to ban adverts that target people on 'sensitive topics' politics, race and sexual orientation; effective 19 January 2022
• OBA, like any other advertising, is subject to the general rules set out in our earlier content section B, and any sector-specific rules 
• We make the assumption that the great majority of behavioural advertising is via ad networks, that they will deploy cookies of various types, the relevant versions of which in this context are therefore third-party cookies; (see IAB Europe's Guide to the Post Third-Party Cookie Era)
• The key guidance in Sweden was from the PTS (Post and Telecom Authority; Post- och telestyrelsen, PTS), which ‘removed its guidance on consent’ and referenced the EU guidance that we show in the introduction to this section, in Swedish here

​

SECTION C: COOKIES AND OBA

Consent or pay: one rule for some (large online platforms),

another rule for everyone else? Weil Gotshal & Manges 30/8/24

A new path for Privacy Sandbox on the web July 22, 2024

Third party cookie plans for Chrome. WFA view here 

Meta’s Ad-Free Subscription Violates Competition Law

Adam Satariano NYT July 1, 2024

EDPB Opinion 8/2024 on Pay or Consent April 17. Lexia May 8

Applicable legislation, self-regulation and guidance 

Note that legislation is implemented in member states, sometimes with nuance 

• e-Privacy Directive 2002/58/EC, as amended by the ‘Cookie Directive’ 2009/136/EC
• The introduction of the GDPR 2016/679 from May 25, 2018 

• European Commission Data Protection website:
  https://ec.europa.eu/info/law/law-topic/data-protection_en

• IAB Europe published in May 2020 the Guide to the Post Third-Party Cookie Era

• And in July 2021 the Guide to Contextual Advertising

• Commission's 'Cookie Pledge' pages here; includes draft pledging principles and December 2023 EDPB opinion on compliance with e-Privacy Directive and GDPR

As of 25 May 2018 the Article 29 Working Party ceased to exist and has been replaced by the European Data Protection Board (EDPB). Article 29 WP documents remain valid

Directive on privacy and electronic communications 2002/58/EC as amended by Directive 2009/136/EC

• Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user (Art. 5.3)

SECTION C: DIRECT ELECTRONIC COMMUNICATIONS

Note: According to a decision from the Marketing Court (1983:16 and 1999:26), It is ‘inconsistent with good marketing practice’ to send direct advertising in any form (mail, email, SMS) to children under 16, when individually identified/ addressed. In light of this ruling, the regulations below are set out for the record and context

• The marcoms content rules set out in our earlier section B - both the child-specific and the general rules - apply to commercial electronic communications, with the exception of those rules that specify broadcast channels; the principal set of general rules is the ICC Advertising and Marketing Communications Code (EN), which applies to all sectors and media; see articles 18 and 19 of the General Provisions and C7 of Chapter C for child-specific rules
• The channel rules for all product categories and audiences also apply; see the General tab below. The Swedish regime, along with most, operates an opt-In/ soft opt-in system; in other words, consent must be obtained before sending an electronic communication unless it relates to similar products to those already purchased by the recipient, and it must contain a simple and no-cost means to opt-out

• If data processing for email communications involves personal data (that which identifies individuals), lawful processing rules from the GDPR may apply. Regarding Consent rules for children, these are spelt out under the earlier Online Commercial Communications section. In short, if the child is under 13, parental or guardian authorisation of consent is required (Articles 8 and 12 of the GDPR). Best guideline for Consent is here; see section 7.1 for Children
• Rules from the Marketing Act apply online; the child-related article for Content is re ‘exhortation’:  prohibited is ‘Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them.’
• The Marketing Act also implements Directive 2002/58/EC on Privacy and Electronic Communications; section 19 covers opt-in soft/opt-in; see General tab below for full information, as the rule covers all sectors and audiences
• An important source of guidance is from the Swedish Consumer Agency:  key clauses from their guidance, are set out under the Online commercial Communications section. Or see Consumer Agency Guidance on marketing aimed at children and young people. In particular:

• 4.1 Direct marketing.  Advertising that is directly addressed is intrusive to children and young people and they may therefore find it difficult to avoid messages in personally targeted advertising. Children under the age of 16 are also not entitled to enter into any agreement as a result of such offers without the consent of the parent. According to the judgements of the Market Court (See, among others, MD 1983: 16 and MD 1999: 26), it is inconsistent with good marketing practice to send addressed direct mail to people under the age of 16.
• The Ethics Committee for Direct Marketing (DM Committee) reviews cases relating to both addressed and unaddressed direct mail. The DM committee has commented in several statements that it is contrary to good practice that direct marketing should send addressed advertising to children under the age of 16. The prohibition is based on the fact that persons under this age cannot enter into an agreement

ICC

The principal applicable Code in Sweden is the ICC Advertising and Marketing Communications Code (EN). See Chapter C, Direct Marketing and Digital Marketing Communications under clause C7, Marketing Communications and Children

​

SWEDMA

The Swedish Direct Marketing Association publishes a series of Codes for different aspects of Direct Marketing. These are consistent with applicable legislation.

SWEDMA B2C e-mail:

http://www.g-regs.com/downloads/SWEDMAemailb2cEN.pdf

7. Marketing to children

• Marketing to children is a subject that is discussed a great deal. One of the difficulties is that there is no universally accepted definition of the age limits in this context; there are definitions varying from less than 12 and up to 18 years
• Children's understanding of and response to e-mail advertising depends on their age, experience and the context in which the message is communicated. E-mail advertising that is acceptable to teenagers is not necessarily acceptable to younger children
• There is no possibility of checking the ages of children that register for e-mail advertising without the help of parents or guardians, and it is therefore essential that advertisers - insofar as is possible - inform and obtain consent from persons with parental responsibility about which data advertisers have or may have collected in order to communicate with a child
• Organisations must consider the public's perception of marketing to children since it is a sensitive matter, and what effect it may have on their brands

SECTION C: DIRECT ELECTRONIC COMMUNICATIONS

STANDARD RULES 

• All of the content rules set out in section B apply online, including any sector-specific rules, except those rules for broadcast channels

• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here), which applies to commercial communications online

• Content and channel rules from the Marketing Act (EN) also apply online. See our content section B above

LEGISLATION

​

•  In the case of data processing that identifies individuals, lawful processing rules from the GDPR may apply. Privacy issues should be reviewed with specialist advisors
• See this November 2021 judgement from CJEU re unsolicited 'Inbox advertising' and related article from GALA/ Lexology here 
• The arrival of GDPR into the regulatory framework might cause some uncertainty regarding consent issues in the context of direct electronic communications and the E-Privacy Directive. The key EU guidance in this context is 'Guidelines on consent under Regulation 2016/679' (May 2020). From pt. 7: 'The EDPB notes that the requirements for consent under GDPR are not considered to be an ‘additional obligation’, but rather as preconditions for lawful processing. Therefore, the GDPR conditions for obtaining valid consent are applicable in situations falling within the scope of the e-Privacy Directive.'
• The Marketing Act 2008:486 (EN) implements, among others, the marcoms elements of Directive 2002/58/EC on Privacy and Electronic Communications, from which:

• Unsolicited advertising, Section 19 of the Marketing Act. ‘A trader may, in the course of marketing to a natural person use electronic mail, a telefax or automatic calling device or any other similar automatic system for individual communication that is not operated by an individual, only if the natural person has consented to this in advance. Where a trader has obtained details of a natural person’s electronic address for electronic mail in the context of a sale of a product to that person, the consent requirement stipulated in the first paragraph shall not apply, provided that:
   

1. The natural person has not objected to the use of the electronic address for the purpose of marketing via electronic mail

2. The marketing relates to the trader’s own similar products and

3. The natural person is clearly and explicitly given the opportunity to object, simply and without charge, to the use of such details for marketing purposes, when they are collected and in conjunction with each subsequent marketing communication.’

The above ‘soft opt-in’ does not apply to SMS/MMS

• Section 20. In marketing via electronic mail the communication shall at all times contain a valid address to which the recipient can send a request that the marketing cease. This also applies to marketing to a legal person (B2B)

SECTION C: DIRECT ELECTRONIC COMMUNICATIONS

Direct Marketing of Goods and Services in EU

ICLG April 2024. Clear and informative and (EN)

2024 GDMA International email benchmark 

Posted June 2024

• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to all channels. Where there are content rules specific to the channels in this section, we show them below
• The channel rules shown here are ‘general’ cross-border regulations, i.e. those channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth databases; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website
• Chapter C of the ICC Code (full code linked above): Direct Marketing and Digital Marketing Communications; General Provisions of the ICC Code will also apply
• Directive 2000/31/EC on electronic commerce carries the rules on information to be provided in commercial communications in an e-commerce context; extracts below 
• Directive 2002/58/EC on privacy and electronic communications carries the rules on privacy/ consent, setting out the prevailing European opt-in regime; extracts below
• GDPR may apply if processing personal data; check privacy issues with specialist advisors 
• See this November 2021 judgement from CJEU re unsolicited 'Inbox advertising' and related article from GALA/ Lexology here 

SECTION C: MARKETERS' OWN WEBSITES

The same principle that applies in paid space also applies in non-paid such as marketers’ own websites and SNS spaces: if the communication from the owner is advertising, it’s covered. Advertising is defined by the ICC Code (EN), which is applicable as the general advertising code in Sweden, as ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour.’ 

• If data processing for commercial communication involves children’s personal data (that which identifies individuals), lawful processing rules from the GDPR may apply. Regarding consent rules for children (if consent is the basis for processing), these are spelt out under the earlier Online Commercial Communications section. In short, if the child is under 13, parental or guardian authorisation of consent is required (Articles 8 and 12 of the GDPR). Best guideline for consent is here; see section 7.1 for Children. Privacy issues should be reviewed with specialist advisors
• Advertising to children should observe the general content rules, i.e. those that apply to all audiences and categories, as well as those specific to children set out in the earlier content section B, except those rules that identify broadcast channels. Principal source of rules in Sweden is the ICC Advertising and Marketing Communications Code (EN); article 19.4 under General Provisions and article C7 under Chapter C, Direct Marketing and Digital Marketing Communications are the child-relevant provisions from the code.
• General channel rules are shown below under the General tab, and include e.g. exemptions for User-Generated Content, and rules for 'Information Society Services’ from the Law 2002: 562 (SW) on electronic commerce and other information society services which implemented Directive 2000/31/EC, the e-Commerce Directive

• ‘Direct’ communications to children under 16 are ‘contrary to best marketing practice’ in Sweden according to Marketing Court case law (see the earlier Email section), and the issue of own websites or owned spaces in social media sites and communications between website owner and user will be very sensitive if the user is known to be a child
• Equally, much communication on an advertisers website are not marketing communications per se, and some communications may have been placed by consumers themselves (UGC)
• Exemptions from the rules on marketing communications are well explained in the 2023 EASA Digital Marketing Communications Best Practice document. Those exemptions include User-Generated Content (UGC), except when it has been endorsed by the marketer. The same principle applies to viral marketing communications
• The Swedish Consumer Agency has recently published Marketing in Social Media (EN). Extracts of child-related clauses are immediately below

• Some people find it difficult to review marketing from a critical standpoint. People who are young or old, for example, or who have some kind of disability, may be particularly receptive to certain messages in the marketing and thus particularly vulnerable
• If the marketing risks affecting in particular a vulnerable consumer group, the assessment of that marketing is made on the basis of an average consumer in this group. For example, if marketing might have a special impact on children, then the assessment of the marketing is based on how it is perceived by an average child
• Please note that when it comes to marketing to children, it is at all times forbidden directly to encourage the child to buy, or persuade their parents or other adults to buy, the promoted products

SECTION C: MARKETERS' OWN WEBSITES

CONTEXT

The same principle that applies in paid space also applies in non-paid such as marketers’ own websites and SNS spaces: if the communication from the owner is advertising, it’s covered. Advertising is defined by the ICC Code (EN 2018, 2024 code here), which is applicable as the general advertising code in Sweden, as  ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour.’ This section also includes commentary/ guidance on social media and blogging/ influencers specifically, as well as some e-Commerce rules. See our earlier section A Overview for recent case law relating to Influencers and identification

STANDARD RULES

• All of the content rules set out in section B apply to marketers’ own marcoms on their own website(s), except those specific to broadcast. The definition of a marketing communication is therefore important – see above
• Exemptions, i.e. those communications that do not qualify, are set out in the EASA Digital Marketing Communications 2023 Best Practice document: while the document is not binding, it’s the best source for understanding exemptions. Those include User-Generated Content (UGC), except when it has been endorsed by the marketer. The same principle applies to viral marketing communications
• The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN; the ICC 2018 Code, as linked above under the context header; 2024 code here) which applies to commercial communications online
• Content and channel rules from the Marketing Act (EN) also apply online. See our content section B for key extracts. The translation of the Marketing Act linked here does not incorporate revisions introduced as a result of the transposition effective July 1, 2022 of the 2019/2161 Directive (the Omnibus Directive). Provisions, transposed by the government bill here (SW), include that platforms must make available the criteria deployed for search rankings and also confirm the integrity of consumer reviews
• Re above, the Price Information Act is also affected by the 2019/2161 Directive; see content section B for new rules on price promotions - extracted Directive article here (EN)
• Websites devoted to products or services that are subject to age restrictions such as Alcoholic Beverages, Gambling and Tobacco products should undertake measures to restrict access by minors (Art. C7, ICC Code)

e-COMMERCE

From the Law 2002: 562 (SW) on electronic commerce and other information society services which implemented Directive 2000/31/EC, the e-Commerce Directive. Key requirements in an e-commerce context here (EN)

We have been unable to trace where the additional clauses from the directive in the linked document (under 'here' above) are specifically implemented in Swedish law. RO advise us that they are ‘covered’ under Sections 12 Material information and 10 Misleading omission respectively of the Marketing Act. The linked MA document is a translation, within which the links to the original MA in Swedish are volatile. This worked at the time of writing

 SOCIAL MEDIA/ BLOGS

• An important regulatory influence in marketing generally and social media specifically is the Swedish Consumer Agency. The organisation publishes a number of guidance documents which can be found here (SW). In this context, the most significant is their Guidance on Marketing in Social Media (EN)
• The European Data Protection Board published April 2021 Guidelines 8/2020 on the targeting of social media users (EN)

The same principle that applies in paid space also applies in non-paid such as marketers’ own websites and SNS spaces: if the communication from the owner is advertising, it’s ‘in remit’, i.e. covered by the rules. Clearly, much of a brand website may not be advertising, but it's important to understand what may 'qualify', and different countries have different definitions. In this international context the most relevant definition is from the ICC Code: ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour’. The other aspect of this environment that can be subject to regulatory issues is that of 'dialogue' between brand owners and consumers, where Consent and Information requirements may apply; see our General rules sector for specifics

ICC Advertising and Marketing Communications Code (EN 2024); Chapter C Direct Marketing and Digital Marketing Communications

Directive 2002/58/EC on privacy and electronic communications

Directive 2000/31/EC on electronic commerce

Directive 2005/29/EC on unfair commercial practices (UCPD)

Directive 2018/1808 amending AVMS Directive 2010/13/EU (AVMSD)

EASA Best Practice Recommendation on Digital Marketing Communications 2023

• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN), which applies to all channels. Where there are content rules specific to the channels in this section, we show them below
• These channel rules are ‘general’ cross-border regulations, i.e. those channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth-oriented content; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website

SECTION C: NATIVE ADVERTISING

Native advertising is online and offline advertising designed to fit in with its ‘habitat’, to give consumers a visually consistent experience. The key issue is obviously that of advertising Identifiability, covered extensively in self-regulation and legislation set out below

• Native advertising is like any other advertising - it’s subject to the content rules, in this context the ICC Advertising and Marketing Communications Code (EN) applied in Swedish translation by Ro, the Self-Regulatory Organisation. The key identifiability rules are set out below in full under the General tab, the critical clauses being:

• Marketing communications should be clearly distinguishable as such, whatever their form and whatever the medium used. When an advertisement, including so-called 'native advertising', appears in a medium containing news or editorial matter, it should be so presented that it is readily recognisable as an advertisement and where appropriate, labelled as such
• The true commercial purpose of marketing communications should be transparent and not misrepresent their true commercial purpose. Hence, a communication promoting the sale of a product should not be disguised as, for example, market research, consumer surveys, user-generated content, private blogs, private postings on social media or independent reviews

• The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty
• The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. so-called 'teaser 'advertising)

• There are no rules specific to ‘Native’ advertising and children, though children are more strongly protected generally via e.g. The Marketing Act, which carries two articles of relevance in this context:

• The Act states 'Annex I to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market shall have the force of law in Sweden.' Annex I of the Directive is here. This is known as 'The Blacklist.' Two relevant articles in this context are:
• 28. Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them
• 11. Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial)
• Section 9 of the Marketing Act: All marketing shall be formulated and presented in such a way that it is clear that it is a matter of marketing. The party responsible for the marketing shall also be clearly indicated. However, this does not apply to representations whose sole purpose is to attract attention ahead of follow-up representations (this is a reference to ‘teaser’ advertising)

Advertising identification and distributor declaration

• It should be immediately and clearly stated that the content is marketing. If not, it is so-called hidden marketing, which is not permitted. This applies to all media, such as newspapers, radio and social media. It should also be clear who is behind the marketing, i.e. whether it is the influencer him/ herself or a separate company that sells the product. Influencers' social media channels often contain both personal opinions and marketing. In channels where the messages are intermingled, it is particularly important to be clear about what is marketing so that the reader can quickly discern which is which
• See the linked file for guidelines on e.g. advertiser identification, especially in an Influencer context

May 2016 the Nordic Consumer Ombudsmen’s ‘Position on Hidden Marketing’ (SW / EN)

Clause 6. Marketing aimed at children and young people

• When marketing targets children and young people, it should be emphasised in such a way as this audience understands
• Companies targeting this audience should take into account the specific needs of the target group and adapt marketing accordingly
• Because of their lack of experience, children and young people cannot review marketing critically, and thus are more easily affected by marketing. That children and young people are impressionable gives businesses the opportunity to create interest in products and to influence the target group's consumption patterns.
• Therefore, there are special requirements for marketing directed at children and young people, which can more easily be found to be unfair. The younger the target group, the more demanding the requirements
• Marketing that urges children to buy the promoted products, or to persuade their parents to do so, is never allowed. Whether it is a direct ‘call to action’ is determined by an overall assessment based on the child's perspective

IAB Europe’s How to Comply with EU Rules Applicable to Online Native Advertising 

SECTION C: NATIVE ADVERTISING

CONTEXT

Native advertising is online and offline advertising designed to fit in with its ‘habitat’, to give consumers a visually consistent experience. The key issue is obviously that of advertising Identifiability, covered extensively in self-regulation and legislation set out below 

• The ‘Native’ form of advertising is like any other advertising - it’s subject to the content rules, in this context the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here), applied in its Swedish version (2018 code) by Ro, the Self-Regulatory Organisation 
• The Marketing Act (linked below) also applies  
• The key general rule is that of identifiability/ disclosure. From the linked code above:

Article 7 of the ICC Code (2018). Identification and transparency 

• Marketing communications should be clearly distinguishable as such, whatever their form and whatever the medium used. When an advertisement, including so-called “native advertising”, appears in a medium containing news or editorial matter, it should be so presented that it is readily recognisable as an advertisement and where appropriate, labelled as such. The true commercial purpose of marketing communications should be transparent and not misrepresent their true commercial purpose. Hence, a communication promoting the sale of a product should not be disguised as, for example, market research, consumer surveys, user-generated content, private blogs, private postings on social media or independent reviews

Article 8. Identity of the Marketer

• The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty. The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. so-called “teaser advertisements”

SECTION C: NATIVE ADVERTISING

Also known as sponsored or branded content, this is online and offline advertising designed to fit in with its ‘habitat’, to give consumers a visually consistent experience. IAB Europe's How to Comply with EU Rules Applicable to Online Native Advertising provides some categories of native ads, some good practice recommendations, and a summary of EU rules. General rules, i.e. those that apply to all product sectors, are immediately below

ICC Advertising and Marketing Communications Code (EN 2024)

Directive 2005/29/EC on Unfair Commercial Practices (UCPD)

IAB Europe Guidance (as above in intro): How to Comply with EU Rules Applicable to Online Native Advertising (December 2016) here

And in December 2021 IAB Europe's Guide to Native Advertising provides 'up-to-date insight into native ad formats and best practices for buyers.' 

• For content rules in all channels, refer to the earlier content section B. The principal source of general international content rules is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to all channels; the native technique is no different in that if it's advertising, it's subject to the rules
• These channel rules are ‘general’ cross-border regulations, i.e. those channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth publications; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website

Identification and transparency (Art. 7)

• Marketing communications should be clearly distinguishable as such, whatever their form and whatever the medium used. When an advertisement, including so-called “native advertising”, appears in a medium containing news or editorial matter, it should be so presented that it is readily recognisable as an advertisement and where appropriate, labelled as such. The true commercial purpose of marketing communications should be transparent and not misrepresent their true commercial purpose. Hence, a communication promoting the sale of a product should not be disguised as, for example, market research, consumer surveys, user-generated content, private blogs, private postings on social media or independent reviews.
• Marketing communications, regardless of format or medium, should be easily identifiable, allowing consumers to clearly distinguish between commercial and non-commercial content
• Identification disclosures should be prominent, clear, easily legible and appear in close proximity to the commercial message where they are unlikely to be overlooked by consumers
• Marketing communications should be transparent about their true commercial purpose, and not misrepresent it. Hence, a communication promoting the sale of goods, or the contracting of a service should not be disguised, for example as news, editorial matter, market research, consumer surveys, consumer reviews, user-generated content, private blogs, private postings on social media or independent reviews etc.
• In the case of mixed content, such as with news or editorial matter or social media, the marketing communication element should be made clearly distinguishable as such, and its commercial nature should be transparent. It should be so presented that it is readily and immediately recognisable as a marketing communication and where appropriate, labelled as such.

Identity of the marketer (Art. 8)

• The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty. The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. so-called 'teaser advertisements').

Unfair Commercial Practices Directive 2005/29/EC, Annex I

Commercial practices which are in all circumstances considered unfair

• 11. Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial). This is without prejudice to Council Directive 89/552/EEC

• 22. Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer

Following feedback, we no longer cover Telemarketing 

Following feedback, we no longer cover Telemarketing 

Following feedback, we no longer cover Telemarketing 

SECTION C: DIRECT POSTAL MAIL

• Direct postal mail is subject to the content rules set out in our section B; both the child-specific and the general rules shown under the General tab. Principal source of rules is the ICC Advertising and Marketing Communications Code (EN), in particular for children’s marcoms articles 18 and 19.4 from General Provisions, and article C7 from Chapter C, Direct Marketing and Digital Marketing Communications
• There are no statutory or self-regulatory rules specific to direct mail communications to children, though according to a decision from the Marketing Court (1983:16 and 1999:26), it is ‘inconsistent with best practice’ to send direct advertising in any form (mail, email, SMS) to children under 16, when individually identified/ addressed
• The Marketing Act ‘exhortation’ rule applies in this channel; i.e. prohibited is Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them
• The general channel rules set out below under the General tab will apply, however, as they apply to all audiences and product categories. These rules include e.g. the requirement to respect the opt-out register: Direct mail in most countries, Sweden included, is based on opt-out consent
• Key legislation in the context of data processing in direct mail is the GDPR if processing personal data (that which can identify an individual). Rules relating to children’s personal data are set out under the earlier Online Commercial Communications section. In short re consent (if consent is the basis for lawful processing), if the child is under 13, parental or guardian authorisation is required (Articles 8 and 12 of the GDPR). Best guideline for consent issues is here; see section 7.1 relating to children

SECTION C: DIRECT POSTAL MAIL

OVERVIEW

• All of the content rules set out in section B apply to DM marcoms (marcoms are ‘any form of communication produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour'), except those rules prohibiting appeal to children in broadcast advertising
• This section does not address ‘mail drops’ as in the delivery of unaddressed leaflets, flyers etc., though those may remain subject to advertising content rules. These paragraphs cover addressed mail (including those addressed to ‘the occupier’ etc.) in ‘hard’ form
• The self-regulatory code applied by RO is the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here). Content and channel rules from the Marketing Act also apply in DM. See our content section B
• The data processing legislation that applies before transmission is not shown here; be aware that if data processing includes personal data (that which identifies an individual) then it may be subject to the GDPR, directly applicable in all member states. Swedish legislation complements the GDPR with the new Data Protection Act 2018:218 (SW), which repeals and replaces the former Personal Data Act 1998:204
• The following rules address the required information in the communication, the opt-out process, and consumer consent in order to send it

LEGISLATION

• Section 21 of the Marketing Act provides for Opt-out consent: ‘A trader may use methods for individual distance communication other than those referred to in Section 19 (electronic systems), unless the natural person has clearly objected to the use of such methods’
• Direct mail marketing is therefore allowed to individual subscribers unless they have clearly objected to receiving advertising; applicable to B2C and not to B2B. The opt-out principle should apply to B2B in absence of regulation, but legal advice should be sought in the event of uncertainty
• Section 4 of the Marketing Act applies Annex I of the Directive 2005/29/EC in Swedish law. The Government has published the relevant annex in the Swedish Code of Statutes. Annex I is the ‘Blacklist’ – 31 commercial practices in all circumstances considered unfair. No. 26 of the list is ‘Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation.’

Invitation to purchase

Defined in EU legislation UCPD 2005/29/EC as ‘a commercial communication that indicates characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase.’ DM can include this kind of advertising, hence the rules below. From Section 12 of the Marketing Act, which implements the UCPD, among others:

• In a representation where the trader offers consumers a specific product with a stated price the following material information must be provided:
   

1. The product’s distinguishing characteristics to the extent appropriate to the media and product

2. Price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347)

3. The identity and geographical address of the trader

4. Terms and conditions of payment, delivery, performance and processing of complaints if these deviate from normal practice in the industry or for the product in question

5. Information concerning the right of withdrawal or the right to cancel a purchase, which must be supplied to the consumer by law
 

• Failure to clearly present the information listed under Section 12 will be regarded as misleading marketing. Marketing will also be deemed misleading if the trader in a representation offers consumers several specific products at a common price, without the offer containing material information under points 1-5 in the bullet point above

SECTION C: DIRECT POSTAL MAIL

Applicable self-regulation and legislation 

​

• National 'Robinson lists' or opt-out lists
• The General Data Protection Regulation 2016/679 for the processing of personal data
• Directive 2005/29/EC on unfair commercial practices (UCPD)
• ICC Advertising and Marketing Communications Code (EN 2024)

• For content rules, refer to the earlier content section B. The principal source of general international content rules is the ICC code linked immediately above, most of which content rules apply to all channels
• The UCPD referenced and linked above will also apply to direct postal mail; this legislation provides a broad framework regulating commercial practices of all kinds; articles 6 and 7 establish regulation of misleading actions and misleading omissions respectively 
• Channel rules in this international context are ‘general’ cross-border regulations, i.e. those channel rules that apply to product sectors that do not attract particular restrictions in, for example, youth databases; rules for channel-sensitive product sectors such as alcohol or gambling can be found under their respective headings on the main website
• There isn't really a common set of self-regulatory general channel rules that cross borders for direct postal mail (largely a market activity), though article 22 (data protection and privacy) of the iCC Code linked above comes closest, but there is a common principle: unless you have consent to process their personal data and send them material, in other words they have 'opted in', you can't send consumers marketing communications. Postal mail to e.g. 'the occupier' of individual addresses, is generally permitted, though some countries have arrangements whereby local communities display signs preventing, or trying to prevent, delivery.
• From legislation, the GDPR will apply if processing personal data (that which can identify an individual)

SECTION C: EVENTS/ SPONSORSHIP

• For associated print or other forms of material supporting the sponsorship of an event, the content rules set out in our section B apply; both the child-specific and the general rules shown under the General tab in content section B. Principal source of rules is the ICC Advertising and Marketing Communications Code (EN)
• A comment from the Self-Regulatory Organisation Ro: ‘There is nothing in the Swedish legislation that explicitly prohibits sponsorship of events directed at children. However, the rules and the high demands on the marketing communications directed at children that has been accounted for in this document applies also in this connection.’
• Advertisers from particularly child-sensitive sectors (alcohol, gambling, some foods, for example) are required to avoid sponsorship of events where there are or could be a significant proportion of children (guidance is 25%+)
• General sponsorship rules, i.e. those for permitted categories, from the ICC are set out under the General tab below as they apply to all sectors and audiences, children included; or see Chapter B from the ICC Code linked above

SECTION C: EVENTS/ SPONSORSHIP

Ambush marketing: the European summer of sport
Taylor Wessing May 16, 2024

GUIDE: The Olympic Games 2024 - Beating around le ambush

Lewis Silkin 25 January, 2024 (EN)

• Sponsorship material associated with an event, i.e. collateral material such as leaflets, brochures etc., is subject to the rules set out in our content section B, except those rules specific to broadcast media; the applicable self-regulatory code in Sweden is the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here)
• The general sponsorship rules, i.e. those that cover issues of respect of the sponsored property, ambushing, data capture etc. and that apply to all product categories are from Chapter B of the 2018 ICC Code linked above; clauses follow. For scope, definitions etc., see the linked code

• All sponsorship should be based on contractual obligations between the sponsor and the sponsored party. Sponsors and sponsored parties should set out clear terms and conditions with all other partners involved, to define their expectations regarding all aspects of the sponsorship deal
• Sponsorship should be recognisable as such
• The terms and conduct of sponsorship should be based upon the principle of good faith between all parties to the sponsorship
• There should be clarity regarding the specific rights being sold and confirmation that these are available for sponsorship from the rights holder. Sponsored parties should have the absolute right to decide on the value of the sponsorship rights that they are offering and the appropriateness of the sponsor with whom they contract

• Sponsorship should respect the autonomy and self-determination of the sponsored party in the management of its own activities and properties, provided the sponsored party fulfils the obligations set out in the sponsorship agreement

• Sponsors and sponsored parties, as well as other parties involved in a sponsorship, should avoid imitation of the representation of other sponsorships where such imitation might mislead or generate confusion, even if applied to non-competitive products, companies or events

• No party should seek to give the impression that it is a sponsor of any event or of media coverage of an event, whether sponsored or not, if it is not in fact an official sponsor of the property or of media coverage. The sponsor and sponsored party should each take care to ensure that any actions taken by them to combat ‘ambush marketing’ are proportionate and that they do not damage the reputation of the sponsored property nor impact unduly on members of the general public

• Sponsors should take particular care to safeguard the inherent artistic, cultural, sporting or other content of the sponsorship property and should avoid any abuse of their position which might damage the identity, dignity, or reputations of the sponsored party or the sponsorship property
• The sponsored party should not obscure, deform or bring into disrepute the image or trademarks of the sponsor, or jeopardise the goodwill or public esteem associated with them

• The audience should be clearly informed of the existence of a sponsorship with respect to a particular event, activity, programme or person and the sponsor’s own message should not be likely to cause offence. Due note should be taken of existing professional ethics of the sponsored party
• This article is not, however, intended to discourage sponsorship of avant-garde or potentially controversial artistic/cultural activities, or to encourage sponsors to exercise censorship over a sponsored party’s message

• If personal data is used in connection with sponsorship, the provisions of article 19 are applicable

SECTION C: EVENTS/ SPONSORSHIP

Pilot Project Relaxes Olympic Games' Rule For Participating Brands

Marks & Clerk July 19, 2024 

Paris Olympics & Paralympics - Part 2: What could possibly go wrong?

Squire Patton Boggs july 16, 2024

GUIDE: The Olympic Games 2024 - Beating around le ambush

Lewis Silkin 25 January, 2024

• Advertising associated with sponsorship activity is likely to be subject to content rules; these can be found in the earlier content section B, or from the ICC Code linked below 
• ICC Advertising and Marketing Communications Code (EN 2024): Chapter B Sponsorship. 2024 amends in italics 

B1: Principles governing sponsorship

• All sponsorship should be based on contractual obligations between the sponsor and the sponsored party
• Sponsors and sponsored parties should set out clear terms and conditions with all other partners involved, to define their expectations regarding all aspects of the sponsorship deal
• Sponsorship should be recognisable as such
• The terms and conduct of sponsorship should be based upon the principle of good faith between all parties to the sponsorship
• There should be clarity regarding the specific rights being sold and confirmation that these are available for sponsorship from the rights holder. Sponsored parties should have the absolute right to decide on the value of the sponsorship rights that they are offering and the appropriateness of the sponsor with whom they contract
• There should be clear communication about the specific rights available for sponsorship from the rights holder, including the timing of the sponsorship commitment and the scale of coverage, such as territory. Sponsored parties should retain the sole discretion to determine the value of the sponsorship rights they offer and the suitability of a potential sponsor
• Furthermore, both parties should reserve the right to terminate the sponsorship agreement based on the terms outlined in the contract

B2: Autonomy and self-determination

• Sponsorship should respect the autonomy and self-determination of the sponsored party in the management of its own activities and properties, provided as long as the sponsored party fulfills the obligations set out in the sponsorship agreement  meets the requirements set in the sponsorship agreement and those actions do not damage the reputation of the sponsor

B3: Imitation and confusion

• Sponsors and sponsored parties, as well as other parties involved in a sponsorship, should avoid imitation of the representation of other sponsorships where such imitation might mislead or generate confusion, even if applied to non-competitive products, companies or events
• Both sponsors and sponsored parties, along with anyone else involved, should avoid imitation of other sponsorships if it could mislead or cause confusion, even with non-competing products, businesses or events

SECTION C: SALES PROMOTIONS

This website was created to provide multinational rules on marketing communications; it does not claim authority on specific Sales Promotions (SP) regulation, especially retail legislation. However, in the course of extensive research in marketing, relevant rules will be included. National self-regulatory codes and consumer protection legislation around pricing, for example, are checked for any provisions that affect SP and included below. Note that promotional schemes requiring a purchase to take part, and offering prizes only on the basis of random chance, are considered a lottery and are generally illegal

• Marketing communications for sales promotions aimed at children should observe the content rules set out in our section B, both the child-specific rules and the general rules for all audiences and sectors shown under the General tab in section B
• The channel rules set out below under the General tab include e.g. promotional pricing rules that apply to all product categories and audiences, children included. From a self-regulatory perspective, rules are principally from Chapter A of the ICC Advertising and Marketing Communications Code (EN). Article A5 of the above, Safety and Suitability:

• Care should be taken to ensure that promotional items, provided they are properly used, do not expose consumers, intermediaries, or any other persons or their property to any harm or danger
• Promoters should ensure that their promotional activities are consistent with the principles of social responsibilities contained in the General Provisions, and in particular take reasonable steps to prevent unsuitable or inappropriate materials from reaching children

• As may be apparent from many of the entries and commentary in these pages, the Swedish environment for marketing to children is not exactly one of the more relaxed in Europe. The legal advisor who reviewed these pages commented re Sales Promotions: ‘Note that combination offers such as “Buy 10 bottles of lemonade/10 chocolate bars and get a beach towel for free” could be seen as violating good practice in Section 5 in the Marketing Act (Marketing shall be consistent with good marketing practice). In deciding any matters, the Consumer Ombudsman would be the plaintiff.’
• The same act prohibits any exhortation to children to buy advertised products or persuade their patrents/ others to do so on their behalf, and the Market Court has found against direct appeals to those under 16

(only relevant extract from linked code below)

Guiding Principles for Advertising and Marketing Communication to Children

• Premiums should be used and presented responsibly. There should be no sales pressure

• EU Pledge signatories undertake:  ‘No communication related to products in primary schools, except where specifically requested by, or agreed with, the school administration for educational purposes.’

SECTION C: SALES PROMOTIONS

CONTEXT

This website was created to provide international rules on marketing communications; it does not claim authority on specific Sales Promotions (SP) regulation, especially retail legislation. However, in the course of extensive research in marketing, relevant rules will be included. National self-regulatory codes and consumer protection legislation, for example, are checked for any provisions that affect SP and included below

• Sales promotional material is required to observe the content rules set out in our section B, including broadcast rules (that prohibit appeal to children) in the event that a promotion is in that channel
• This piece from Wistrand via Lexology ‘Prohibited and controlled advertising in Sweden’ includes guidance/ regulatory background for e.g. lotteries and promotional contests 

LEGISLATION

Pricing is obviously relevant to Sales Promotions. In March 2022, in force July 1,the Swedish government published a bill here (SW) transposing the 'Omnibus Directive' 2019/2161, which inter alia amended the Product Price Directive. Provisions from that include new promotional pricing rules, set out in the article extracted from the Directive here and transposed under article 2.2 of the Swedish bill 

•  Annex I of the Unfair Commercial Practices Directive 2005/29/EC, transposed in Section 4 of Sweden’s Marketing Act (EN; does not include 2019/2161 amends), sets out the commercial practices ‘in all circumstances considered unfair’. Shown below are only the most relevant practices for this SP context:
   
  • 5. Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising)
  • 6. Making an invitation to purchase products at a specified price and then: (a) refusing to show the advertised item to consumers; or (b) refusing to take orders for it or deliver it within a reasonable time; or (c) demonstrating a defective sample of it, with the intention of promoting a different product (bait and switch)
  • 7. Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice
  • 14. Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products
  • 15. Claiming that the trader is about to cease trading or move premises when he is not
  • 16. Claiming that products are able to facilitate winning in games of chance
  • 19. Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent
  • 20. Describing a product as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item

MORE LEGISLATION

The e-Commerce Directive 2000/31/EC is part-implemented in Sweden by the Law 2002: 562 (SW) on electronic commerce and other information society services

The directive carries two additional requirements, not shown in the Swedish law linked above and not explicit in the Marketing Act, under article 6 of the directive:
 

C) Promotional offers, such as discounts, premiums and gifts, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously
D) Promotional competitions or games, where permitted in the member state where the service provider is established, shall be clearly identifiable as such, and the conditions for participation shall be easily accessible and be presented clearly and unambiguously
 

We have been unable to trace where these clauses are specifically implemented in Swedish law. RO advise us that they are ‘covered’ under sections 12 (Material information) and 10 (Misleading omission) respectively of the Marketing Act (EN). The Information requirements under the self-regulatory ICC Code Chapter A below are more specific: