Advertising and Legal Consumer

We assist our clients in assessing the legality and fairness of advertising campaigns and commercial communication plans, ensuring full compliance with the provisions of the Advertising Self-Regulatory Code, the Consumer Code, and applicable industry regulations, including in the digital and multichannel spheres.

Our clients include advertising agencies, communications firms, television broadcasters, telecommunications operators, designers, copywriters, and account executives, to whom we provide specialized legal advice in advertising law and consumer protection, with an approach focused on risk prevention and brand enhancement.

In particular, the firm provides assistance with regard to:

  • designing and organizing promotional initiatives and related marketing communications, in compliance with the Consumer Code and industry regulations;

  • regulatory guidance and legal assistance regarding prize promotions, including prize-based campaigns and contests, as well as the design and management of loyalty, cashback, and bundle programs;

  • drafting and negotiating commercial partnerships (e.g., co-marketing agreements) and service contracts, such as media planning, call center services, creative agencies, and digital marketing;

  • assistance with proceedings and complaints filed with the Italian Competition Authority (AGCM), particularly in cases involving unfair commercial practices and misleading advertising;

  • auditing and monitoring the conduct of competitors, including for the purpose of reporting unlawful conduct to the relevant authorities and self-regulatory bodies.

Expertise

In these areas, the firm has assisted, among other things:

  • on an ongoing basis, a leading company belonging to an international group, operating in Italy in the pay-TV and telecommunications sectors;

  • a leading French communications agency for a legal opinion regarding the likelihood of confusion and the legality of an advertising tagline;

  • advertising agencies and companies in advertising disputes and proceedings before the Advertising Self-Regulatory Jury.

Francesco Patriarca - Copyright 2025