Marketing law

We offer legal advice in all areas of marketing law

Advertising and marketing communications are crucial to the success of a business. Companies that understand the current marketing regulations, can mitigate legal risks and, at the same time, optimise the use of all available marketing channels to gain a competitive advantage. Awareness of marketing law also helps companies easily identify and, if necessary, take action against improper marketing by their competitors. The right marketing legal advice will make your company stronger and more competitive.

Marketing law - a wide-ranging area

Marketing law is written to protect consumers and companies against improper marketing. The rules and regulations comprise a vast number of laws, EU directives, case law, government regulations and extensive self-regulation. These provisions cover not only publicity, campaigns and advertisements, but also other forms of marketing communication and sales promotions such as communication on social media, processing of personal data, use of images and illustrations, design of product packaging and use of sponsored links.

In addition, some highly-regulated industries, such as energy production, insurance, competitions and gambling, alcohol, tobacco, food and pharmaceuticals have to comply with more stringent rules. The marketing regulations in these industries frequently focus on strict consumer protection and ongoing supervision by the relevant authorities.

The importance of understanding marketing law rules and regulations

Creating an effective and secure communication plan can be easier with a preparatory marketing law assessment. Vinge's experts have extensive experience in conducting marketing law reviews prior to product launches, advertising campaigns or when a company is planning to communicate on social media, among other things. We provide constructive advice to ensure a company’s marketing complies with the applicable rules. This also mitigates the risk of a company suffering from badwill, wasted marketing investments and costly litigation, for example if competitors, authorities or business self-regulation were to intervene with the marketing.

Marketing legal advice is not just about advising against specific marketing activities. Vinge's experts have extensive experience in recommending creative adjustments and alternative solutions that could meet a company's communication objectives in compliance with the applicable marketing rules. Vinge has also created a dedicated working model and process for ranking marketing law risks and presenting adjustment proposals – and in doing so effectively reducing a company's legal risks.

Coordinating and adapting international communication

The content of marketing law is also affected by social, cultural and linguistic factors. These factors can change over time and also differ between different countries. Within the EU, each Member State has substantial discretion to design its marketing law in the light of national traditions and models. Therefore, when designing international advertising campaigns or other cross-border marketing, it is often necessary to adapt communication to the rules that apply in different jurisdictions. This requires the ability to structure and coordinate parallel legal assessments in different countries. Vinge's experts have extensive experience of advising on marketing law for international marketing communication.

How we can help your company with marketing law issues

We carry out a marketing law assessment, before offering alternative and creative solutions which match your company's communication objective. Our marketing lawyers have extensive experience of conducting marketing law reviews, for example prior to product launches, advertising campaigns, or communication on social media. We can also provide valuable support when a company encounters negative reactions to its own marketing and or when it is harmed by a competitor's marketing. We have considerable experience of representing companies in the Patent and Market Courts, in supervisory cases at the Swedish Consumer Agency, in cases before business committees and in direct communication with counterparties and counterparty representatives.

Vinge can also offer knowledge and expert advice about the specific rules and regulations that apply to advertising and promotions on radio and television, finalising consumer contracts remotely, direct advertising and marketing in connection with e-commerce. Moreover, we have specific experience of advising on marketing law in several highly-regulated industries.

We can help your company to

design it’s marketing in accordance with applicable rules
mitigate the risk of being sued for damages, bans, badwill and costly marketing disputes
take action against competing marketing that harms the company

Lawyers with extensive experience of marketing law

Our law firm can provide professional advice in all areas of marketing law. We assist companies in all industries. Our clients include companies in sectors such as food and beverages, retail, telecommunications, insurance, media, energy and manufacturing. We also work with advertising agencies and other operators in the fields of public relations, branding, design and digital marketing. Our marketing lawyers have successfully assisted many Swedish and international companies in marketing law disputes, both in court and out of court. As a result, we have made a significant contribution to the development of Swedish marketing law practice.

Optimise protection options with comprehensive intellectual property protection

As well as complying with advertising, commercial communication and business practice rules it is also important to consider related areas of law when designing advertisements, campaigns and other marketing communications.These areas include intellectual property law, freedom of expression, privacy, competition law and consumer law, among others. Vinge has significant experience in these disciplines. Our expertise covers all the regulations that should be considered when designing and implementing marketing measures including financial law and regulatory issues. When necessary, Vinge's marketing law experts collaborate with specialists from Vinge's other business areas. By combining extensive legal expertise with a thorough understanding of the commercial application of the rules, Vinge can offer business support in all marketing issues.