Advertising, Marketing & Promotion Comparative Guide

1 Legal framework

1.1 What are the main legislative and regulatory provisions that govern advertising in your jurisdiction?

The Act on Advertising sets out:

• general requirements which apply to all types of advertising; and
• specific requirements for certain types of advertising.

However, the rules in the Act on Advertising are not complex. Thus, many other statutes must also be taken in consideration, including:

• the Consumer Protection Act (consumer protection and unfair commercial practices);
• the Commercial Code (unfair competition);
• the Civil Code (privacy protection and consumer contracts);
• the Act on Media Services (audiovisual services);
• the Act on Electronic Communications (direct marketing);
• the Act on E-commerce (contests and sweepstakes);
• the Act on Publishers of Publications (advertising in publications)
• the Copyright Act (copyrights);
• the Trademark Act (trademarks);
• the EU General Data Protection Regulation (personal data protection);
• the EU Digital Services Act (digital services); and
• the Act on Foods (misleading labelling of food).

1.2 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have particular relevance for advertising in your jurisdiction?

Slovak legislation is largely influenced by EU law. When it comes to the protection of consumers, e-commerce and unfair competition, the relevant provisions of Slovak laws are often the result of the transposition of EU laws. In addition, some legal areas (eg, personal data protection, digital services) are regulated uniformly at the EU level, meaning that the EU legislation is directly applicable in Slovakia and the local regulators have limited opportunity to set out their own rules. As a consequence, the basic advertising standards in Slovakia are very similar to those in other EU countries. That said, the transposition of EU directives takes place autonomously in each member state, as a result of which the specific laws in individual countries can vary considerably.

1.3 What industry codes or guidelines have relevance for advertising in your jurisdiction?

In addition to legal regulation, advertising in Slovakia is substantially shaped by self-regulation – especially by the rules and restrictions contained in the Code of Ethics. The Code of Ethics was issued and is enforced by the Advertising Standards Council, an association which brings together organisations that are actively involved in the marketing communication process, including:

• advertiser associations;
• advertising agencies;
• media; and
• businesses that conduct promotions through advertising.

The council aims to secure and promote the dissemination of honest, appropriate, decent, legal and truthful advertising.

In addition, there are several industry codes in which certain aspects related to advertising are regulated. They include:

• the Code of Ethics of the Pharmaceutical Industry, which regulates in detail the obligations and restrictions that apply to the advertising of pharmaceuticals intended for health professionals; and
• the Code on Influencer Marketing, which sets out specific rules for advertising through influencer marketing.

1.4 Which bodies are responsible for implementing and enforcing the advertising regime in your jurisdiction? What is their general approach in doing so?

Compliance with the advertising laws is monitored and enforced by:

• relevant public authorities;
• the civil and criminal courts; and
• self-regulation bodies.

Public authorities entrusted to enforce the advertising rules include in particular:

• regional trade licensing offices (eg, general advertising principles, advertising of alcohol);
• the Ministry of Health and other national or regional public health authorities (advertising of food and non-alcoholic beverages, cosmetics, food supplements);
• the State Institute for Medicine Control and Institute for State Control of Veterinary Biologicals and Medicaments (advertising of pharmaceuticals and veterinary medicaments);
• the Slovak National Bank (advertising of financial services and products); and
• the Council for Media Services (television, radio and online audiovisual services platforms).

Public authorities may act on their own initiative or on the basis of motions from third parties, especially consumers and consumer associations. Typical sanctions and remedies in administrative proceedings include:

• financial penalties;
• the obligation to withdraw the illegal advertising from the market; and
• the obligation to publish the relevant decision of the public authority in mass media.

In certain cases (eg, unfair competition matters, trademark or privacy violations), the advertising laws are directly enforced by the courts, based on civil actions. Relevant laws allow for damaged individuals or associations representing damaged individuals to:

• file a lawsuit against the violator; and
• request remedies such as:
• • removal of the harmful content;
  • compensation for the damage incurred; or
  • the return of unjust enrichment.

2 Authorisation and clearance

2.1 Do advertisers need any kind of licence or authorisation in order to operate in your jurisdiction?

No specific advertising licence is required to promote one's own products or services. The provision of advertising services to third parties requires a simple trade licence without any specific legal requirements.

2.2 Do ads require any kind of clearance before they can be released in your jurisdiction?

Apart from one exception, there are no mandatory clearance mechanisms before advertising is released. However, as brand owners, advertisers and in some cases even media operators bear liability for breaches of the advertising rules, clearance of advertising before it is released has become standard practice.

The one exception relates to the advertising of pharmaceuticals, where the seller must make available or submit to the regulatory authority:

• a sample of each ad; and
• details of:
• • the persons to whom it is addressed;
  • the method of dissemination; and
  • the date on which dissemination will begin.

3 General advertising regime

3.1 What general rules and requirements apply to ads in your jurisdiction?

General rules on advertising are mainly set out in:

• the Act on Advertising; and
• consumer protection laws, such as the Consumer Protection Act.

These regulations primarily provide that an ad must:

• be decent and truthful;
• not infringe third parties' rights;
• not be insulting, contain discrimination, promote violence or illegal behaviour, present harmful products, abuse the trust of minors or otherwise be contrary to good morals;
• not represent an unfair commercial practice; and
• not be misleading.

3.2 What rules and requirements apply to puffery in your jurisdiction?

Puffery, or so-called ‘apparent exaggeration', is generally permitted in advertising. Based on this principle, puffery or an otherwise clearly fanciful advertising message that is obvious and understandable to the average consumer is acceptable without substantiation, provided that there is no specific claim or factual statement relating to the properties and characteristics of the advertised product or service.

For instance, the advertising claim ‘faster than light' would represent an apparent exaggeration and would not violate the advertising laws. However, if an ad contains a specific claim with respect to the product's characteristics, creating the impression of a comparison between the products (eg, ‘best stain removal on the market'), the advertiser must be ready to substantiate such claim if somebody challenges its truthfulness.

3.3 Under what circumstances must claims in ads be substantiated?

Generally, advertisers are expected to use truthful claims that can be supported with relevant evidence (with exemptions such as general advertising claims or clearly exaggerated claims). Consumers have the right to receive accurate and truthful information about the products being advertised, so it is in the advertiser's best interests to have sufficient and objective evidence to back up its claims.

Although there is no mandatory substantiation requirement for most types of advertising, if a competitor or consumer questions the accuracy of a claim, the advertiser must be ready to substantiate the claim with relevant evidence. This substantiation is particularly critical for:

• comparative advertising claims; and
• ads promoting products such as pharmaceuticals or dietary supplements.

3.4 What rules and requirements apply to the use of the following? (a) Test results; (b) Survey results and (c) Testimonials.

(a) Test results

Generally speaking, if the advertiser is asked by a public authority or by a court to substantiate its claim, it must provide clear evidence about the truthfulness of the claim. Advertisers can do this in different ways and testing is one of the most credible, provided that it is transparent and professional.

There are several industries in which testing is subject to stricter regulation. For example, over-the-counter (OTC) pharmaceuticals can be advertised to the general public only if they are registered in the Slovak Republic. To register, the producer must comply with rigorous standards on testing and clinical studies. From a practical point of view, the advertiser can verify whether the OTC medication has been registered in the publicly available register; if so, it can be advertised. This applies mutatis mutandis to OTC veterinary medications.

Stricter requirements on testing also apply in the food industry. An advertiser that wishes to make nutrition and health claims in relation to food must meet the statutory limitations imposed by EU regulations on nutrition and health claims. For instance, a claim stating that the content of one or more nutrients (eg. fat) has been reduced may be made only where the content has been reduced by at least 30% compared to a similar product on the market (with some exemptions). Advertising that does not comply with these standards may be classified as deceptive. Testing is therefore strongly recommended. Similar principles apply to cosmetic products and biocidal products.

(b) Survey results

Survey results can also serve as a credible means of substantiating an advertising claim – in particular, for claims regarding customer satisfaction. Slovak law provides no specific guidance on survey design methodologies; but it is clear that if survey results are to be used as means of substantiation, it is necessary for the survey to be independent and conducted on a sufficiently large sample of respondents.

Marketers should be even more cautious with survey results used for substantiation of an objective claim – for example, "70 % of customers have saved money with us". Claims that necessitate substantial proof cannot be sufficiently supported by consumer data supplied by the consumers themselves. Hence, marketers should refrain from relying on consumer opinions to substantiate claims for which they lack tangible evidence.

(c) Testimonials

Primarily, testimonials must comply with general advertising principles such as truthfulness and transparency. They should not be employed in a way that could potentially deceive consumers. For example, testimonials should not be taken out of context or altered to fit the seller's needs. Positive testimonials should not be incentivised, unless the advertiser clearly discloses the relationship between the brand and the person providing the testimonial.

In some cases, testimonials are restricted by law. For instance, ads for pharmaceuticals cannot feature endorsements from scientists, healthcare professionals or prominent public figures whose popularity might encourage drug consumption.

3.5 What rules and requirements apply to the protection of minors?

The protection of minors is one of the most sensitive issues in relation to advertising in Slovakia. Basic provisions are contained in the Act on Advertising, which provides that advertising must not:

• abuse the trust of minors;
• encourage behaviour that may endanger their health, mental development or moral development; and/or
• display them in dangerous situations.

Advertising to minors through audiovisual content – whether on television, radio or digital media platforms – is specifically regulated by the new Act on Media Services. To some extent, the rules contained therein are the same as those contained in the Act on Advertising. Nevertheless, some of the rules are described in more detail. For example, the Act on Media Services prohibits harmful advertising which directly encourages minors:

• to purchase products whose sale to them is prohibited; or
• to persuade their parents of the need to buy the promoted products.

In addition, the Act on Media Services prohibits harmful advertising which:

• abuses the trust of minors towards parents, teaching staff or other persons; or
• depicts minors in dangerous situations for no reason.

Lastly, both acts rule that advertising of alcohol cannot be targeted to minors.

Although the primary framework for personal data processing, including the personal data of minors, is contained in the General Data Protection Regulation, the Act on Media Services also contains some restrictions. Most importantly, according to the act, personal data of minors collected or generated by media service providers cannot be used for commercial purposes, including:

• direct marketing;
• profiling; and
• behaviourally targeted advertising.

3.6 Are certain forms of advertising prohibited in your jurisdiction?

The advertising of certain products and services is completely prohibited or very strictly regulated. The first category encompasses products and services whose manufacture, sale, supply or use is prohibited, such as:

• non-registered pharmaceuticals;
• certain types of firearms;
• euthanasia procedures; and
• unlicensed gambling.

In addition, it is completely prohibited to advertise the availability of human organs, tissues or cells with the aim of offering or acquiring financial gain or comparable benefits.

The second category comprises sensitive products such as:

• tobacco products;
• guns and ammunition; and
• prescription pharmaceuticals.

For instance, the advertising of prescription pharmaceuticals or pharmaceuticals covered by public health insurance is prohibited, except where the advertising is directed specifically to healthcare professionals and pharmacies. Similar restrictions apply to guns and ammunition, the advertising of which must also be aimed at professionals.

4 Misleading advertising

4.1 On what grounds will an ad be found to be misleading in your jurisdiction? How does the process unfold?

Misleading advertising is a typical issue in advertising and marketing practice in Slovakia. According to Slovak law, ‘misleading advertising' is advertising that:

• misleads, or could mislead, a person to whom it is addressed and may affect the economic behaviour of that person; or
• harms, or may harm, another competitor or consumer.

The legal definition of ‘misleading advertising' is quite broad, meaning that the mere potential to mislead a consumer and affect his or her economic behaviour is sufficient to constitute a breach of the law. A claim that is true in itself may also be considered to be misleading if, in view of the circumstances and context in which it is used, it is likely to mislead the average consumer. On the other hand, there are some exemptions from this rule, including in particular puffery.

Misleading advertising can qualify as:

• an unfair commercial practice within the scope of the Consumer Protection Act; or
• an act of unfair competition under the Commercial Code

In consequence, it may be enforced by public authorities in administrative proceedings or by civil courts in civil proceedings.

4.2 If an ad is found to be misleading, what are the consequences for the advertiser?

Given that misleading advertising may qualify as both an unfair commercial practice and an act of unfair competition, the consequences for the advertiser may differ depending on how the process unfolds.

First, if a consumer considers that an ad constitutes an unfair commercial practice (or otherwise violates the advertising laws), he or she may file a complaint with the competent public authority. The public authority may initiate administrative proceedings and ultimately impose a fine on the advertiser. Relevant public bodies can also take action on their own initiative.

Second, consumers, consumer associations and competitors may:

• file a civil action against a trader for violation of consumer protection laws or unfair competition regulations;
• require that the violator refrain from its actions and remedy the consequences of the violation; and
• require:
• • payment of adequate financial redress;
  • payment of unjust enrichment; and/or
  • compensation for damages.

Finally, the new Act on Representative Actions for the Protection of the Collective Interests of Consumers introduced consumers' right:

• to join a collective action for the protection of consumer interests by simple registration and payment of an administrative fee; and
• together with other consumers, to request redress measures, including in the form of a price discount or compensation for damages.

4.3 Can the advertiser appeal the decision? If so, what is the process for doing so?

Usually, in every administrative procedure, there are two instances. In addition, if a party to the dispute is convinced of the incorrectness of the decision of the administrative body, it can request the safeguarding of its rights through legal action in court. Likewise, there is always the option to lodge an appeal against the first-instance decision of a civil or criminal court.

5 Specific advertising regimes

5.1 What rules and requirements apply to the following types of advertising in your jurisdiction, and what best practices should be considered in each case? (a) Comparative advertising; (b) Promotional marketing (eg, competitions, lotteries and sweepstakes); (c) Interest-based advertising (ie, tailored advertising based on data collected from internet browsing); (d) Native advertising; (e) Influencer advertising; (f) Ambush marketing; (g) Country-of-origin marketing; and (h) Green marketing.

(a) Comparative advertising

The requirements for comparative advertising are strongly influenced by EU legislation and case law. Comparative advertising is generally permitted if it meets requirements specified by the Act on Advertising – in particular, if it:

• compares goods, services or immovables (products) that satisfy the same needs or are used for the same purpose;
• objectively compares one or more specific, representative, material and verifiable features of the products, including their price;
• does not discredit or disparage competitors' trademarks, trade names, other distinguishing features, goods, services, activities or standing;
• does not misuse the advantage of a trademark, trade name or other distinguishing features of the competitor, or a designation of origin of the competing products;
• does not represent goods or services as imitations or copies of goods or services that bear a protected trademark or trade name;
• does not create confusion:
• • between entrepreneurs;
  • between the advertiser and the competitor; or
  • between the trademarks, trade names, other distinguishing features, goods or services of the advertiser and the competitor; and
• is not misleading.

Although it is permitted to identify a competitor where the advertising meets the above criteria, in practice, comparative advertising mostly refers to ‘other products' and ‘other producers', rather than mentioning competitors specifically.

As a best practice, it is advisable to:

• compare the products and services fairly and objectively; and
• have good and reliable evidence for the substantiation of a comparative claim.

(b) Promotional marketing (eg, competitions, lotteries and sweepstakes)

Sweepstakes and contests are very popular marketing tools in Slovakia. In terms of regulation, it is always necessary to differentiate between a promotional contest and a gambling game. While promotional contests are regulated only by consumer protection laws, gambling games are strictly regulated by the Act on Gambling Games and require an appropriate licence.

According to Slovak law, a ‘consumer (promotion) game' is one:

• in which participants are not asked to pay a stake; and
• whose scope is the promotion of goods and services.

Participants can be required to purchase certain goods or services in order to enter the game. Such purchases are not considered to be a stake unless the purchase price is obviously excessive, in which case:

• the difference between the usual price and such excessive price may be regarded as a stake; and
• the game may be regarded as a gambling game.

The terms and conditions of sweepstakes and contests must be:

• transparent;
• not deceptive; and
• readily accessible to participants.

Any particular requirements or limitations for participating in a sweepstake or contest must be clearly communicated to potential participants in a fair manner. The possibility to participate in a sweepstake must be clearly distinguishable from the basic offer of goods and services.

More detailed regulations for sweepstakes and contests can be found in the self-regulatory Code of Ethics. For example, ads featuring consumer competitions, games or similar activities must not:

• make false promises that participating in the contest ensures luck (unless every participant is guaranteed a reward); or
• suggest that not participating in the contest will lead to misfortune.

(c) Interest-based advertising (ie, tailored advertising based on data collected from internet browsing)

Targeted/interest-based advertising online is now directly connected with the prior collection of cookies. According to the General Data Protection Regulation (GDPR) and court practice of the Court of Justice of the European Union, data controllers may collect cookies only with the prior consent (opt-in) of the user.

Targeted/interest-based advertising connected with direct marketing is possible:

• with the consent of the user (this applies to potential clients); or
• based on a legitimate interest of the controller (this applies to existing clients).

Where a controller uses automated decision-making or profiling, it must fulfil extra obligations stipulated by the GDPR.

Moreover, according the EU Digital Services Act, providers of online platforms may not present advertisements based on profiling using special categories of personal data (eg. racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation, etc.). In addition, online platforms may not present advertisements based on profiling when they are aware with reasonable certainty that the recipient of the service is a minor.

(d) Native advertising

Slovakia has no specific laws or regulations pertaining to native advertising. Instead, general binding regulations and self-regulation principles come into play. These encompass standard advertising rules and in particular consumer protection laws that expressly forbid hidden advertising. Similarly, self-regulatory rules contained in the Code of Ethics specifically prohibit hidden advertising, stating that advertising must not pretend to be information of a non-commercial nature, especially if it is presented in the form of a scientific report, reportage or interview. On the other hand, advertising is not regarded as hidden if information about a charitable, humanitarian or philanthropic project presented to consumers indicates the entity supporting the project.

In terms of best practices, it is advisable to inform readers/viewers of the nature of such content. Many online platforms and media already allow the use of labels such as ‘native' or ‘advertorial'. It is also advisable to avoid unclear labels such as ‘PR' or ‘special content'.

(e) Influencer advertising

General binding rules also apply to influencer marketing and influencers. Although Slovak laws do not use the term ‘influencer', influencers and marketers are responsible for compliance with advertising and consumer protection regulations along with brand owners. First, influencers must properly endorse each paid collaboration; otherwise, such collaboration could be regarded as hidden advertising or another type of unfair commercial practice.

Similar requirements – in particular, relating to the recognisability of the relationship between the influencer and the advertiser – arise from self-regulation. According to the Code of Ethics, a connection exists between an advertiser and an influencer if the communication initiated by the advertiser is carried out in exchange for compensation or other forms of consideration. The Code of Ethics does not specify the exact nature of such consideration. While it is evident that any form of tangible compensation falls under these regulations, it is uncertain whether rewards such as increased clicks or followers would also be considered as establishing a connection between the advertiser and the influencer.

Since 2022, a particular set of rules has been in place at the self-regulatory level for influencers and marketers. The new Code of Influencer Marketing aims to:

• address wrong practices of influencers; and
• encourage both influencers and marketers to engage in ethical and responsible advertising.

It requires that any paid collaboration be duly endorsed in order to avoid confusion between the influencer's original and promotional content. In addition, it highlights some unwanted advertising practices, such as:

• fake reviews;
• unsubstantiated health claims; and
• abuse of children's trust.

(f) Ambush marketing

Ambush marketing is most likely to be categorised as an unfair competition practice. According to the Commercial Code, ‘unfair competition' is conduct in economic competition which:

• conflicts with the accepted practices of competition; and
• may be detrimental to other competitors or customers.

Deceptive advertising and parasitic use of the goodwill of another competitor's enterprise, products or services are explicitly mentioned among such unfair competition practices.

Moreover, ambush marketing often leads to the infringement of trademark rights or copyright. Thus, anyone that wants to prevent a third party from associating itself with a certain event without in fact having anything to do with it may also rely on the protection under the Trademark Act and/or Copyright Act.

To prevent ambush marketing, the official sponsors of events may protect their interests through contractual provisions aimed, for example, at:

• maintaining strict control over event tickets (eg, by prohibiting the use of tickets as promotional prizes or giveaways); or
• ensuring that non-official sponsors do not get on-screen during television broadcasts.

(g) Country-of-origin marketing

Country-of-origin marketing as such is allowed. In case of non-registered designations of origin, advertisers need only follow the general advertising rules (eg, advertising cannot be misleading).

If the designation of origin is registered, the rules are much stricter. In particular, it is not possible:

• to use a designation of origin for any direct or indirect commercial use on products not covered by this designation, if:
• • these products are the same or similar to a product registered under this product designation of origin; or
  • such use benefits from the good reputation of the registered product designation of origin;
• to misuse, imitate or create a false impression regarding the origin of the product, even if:
• • the true origin of the product is indicated; or
  • the registered designation of origin of the product is given in translation or accompanied by an expression such as ‘kind', ‘type', ‘style', ‘made in the manner of', ‘imitation', ‘similar' or any other similar expression;
• use any other misleading or deceptive representation as to the origin, nature or essential characteristics of the product on its inner or outer packaging, advertising material or documents relating to the product and the use of transport packaging liable to give rise to a false impression as to the true origin of the product; or
• take any other action that could cause the public to make a false assumption about the true origin of the product.

Country-of-origin marketing of agricultural products, food, wines, aromatised wine products and spirits falls under EU regulations and the law in this area is already (mostly) harmonised. In general, the restrictions at the EU level are very similar to the national restrictions outlined above.

(h) Green marketing

In recent years, sustainability and low environmental impact have become attractive product features, including in Slovakia. Consumers frequently favour these qualities over lower prices. However, in their desire to buy ‘cleaner' products, consumers often forget that the ‘sustainable' label can be as misleading as any other label in advertising.

As there are no specific rules on green marketing, deceptive green advertising or so-called ‘greenwashing' will be assessed as misleading advertising or an unfair commercial practice. To safeguard against potential penalties, a brand must:

• provide justification for every advertising claim; and
• furnish credible documentation to substantiate the claim's accuracy.

It is also advisable for brands to refrain from making green claims if:

• the real environmental impact is minimal; or
• the business is merely implementing standard practices, such as waste sorting.

In the near future, we envisage more detailed regulation of green marketing at the EU level. A new directive on environmental claims is expected to tighten up the conditions for environmental claims. The proposal for the directive provides that traders must carry out an assessment to substantiate explicit environmental claims, which must:

• rely on widely recognised scientific evidence, use accurate information and take into account relevant international standards;
• demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a lifecycle perspective; and
• demonstrate that the claim is not equivalent to requirements imposed by law on products within the product group or traders within the sector.

6 Direct marketing

6.1 What rules and requirements apply to the following types of direct marketing in your jurisdiction, and what best practices should be considered in each case? (a) Telemarketing; (b) Email marketing; (c) Direct mailings; and (d) Opt-out marketing.

(a) Telemarketing

In terms of legal categorisation, telemarketing is considered a form of direct marketing and is primarily governed by:

• the new Act on Electronic Communications; and
• the General Data Protection Regulation (GDPR).

The fundamental issue with telemarketing is to whom it is addressed. There are basically three categories of recipients:

• existing customers (legal entities or individuals);
• potential customers (legal entities or individuals) that are entrepreneurs and that have publicly disclosed their contact details; and
• potential customers who are consumers.

A different regime applies to each of these categories of recipients.

Naturally, the most stringent regulations pertain to potential customers who are consumers. To provide them with any offers directly, the advertiser must first obtain their explicit and proactive consent (opt-in). If the advertiser wants to use automated calling systems, it cannot assume consumers' consent implicitly, such as by considering it consent if the customer does not hang up on the call. Once the advertiser has obtained the necessary consents, it must ensure that the customer has an easy opt-out option.

The new Act on Electronic Communications has introduced a list of telephone numbers that cannot be used for telemarketing. If someone does not wish to be contacted by any or some businesses, they can simply have their number added to the list. Although this does not mean that the telephone number will automatically be blocked for telemarketing, anyone wishing to contact that person with an offer will risk a fine of up to 5% of its turnover.

(b) Email marketing

Email marketing, much like telemarketing, is primarily subject to regulation through the Act on Electronic Communications and the GDPR. Furthermore, akin to telemarketing, specific rules and constraints are contingent on the classification of the recipients, whether they be:

• existing customers;
• new customers that are entrepreneurs; or
• new customers who are consumers.

When it comes to marketing communications directed at new customers who are consumers, the legal requirements are well defined. For consumers who have not previously made any purchases from a trader, the trader can reach out to them only if they have:

• given explicit consent for email marketing; or
• specifically requested to receive marketing communications.

Such consent must:

• comply with the GDPR; and
• be stored for at least four years from the date of withdrawal of the consent.

The law also requires that the business must inform the customer, when obtaining consent, about how to easily revoke that consent (opt-out).

If a trader intends to engage in email marketing or other direct marketing activities, it is advisable to:

• carefully classify the recipients of such marketing;
• maintain records of obtained consents and other legitimate grounds for direct marketing; and
• transparently inform recipients about why their personal data is being processed and how it will be used.

(c) Direct mailings

Direct mailings to consumers are possible only if those consumers:

• have granted their prior consent to such communications; or
• have purchased similar types of products in the past.

Direct mailings to entrepreneurs are possible without their prior consent, but an opt-out option must be provided.

(d) Opt-out marketing

Once an advertiser has established the legal basis for sending marketing communications – be it consent or a legitimate interest (where applicable) – it must include a simple opt-out mechanism in each marketing communication directed to customers.

7 Indirect marketing

7.1 What rules and requirements apply to the following types of marketing in your jurisdiction, and what best practices should be considered in each case? (a) Product placement; (b) Sponsorship; and (c) Loyalty programmes.

(a) Product placement

Product placement for television and radio broadcasters, as well as for providers of audiovisual services – including on-demand digital services and video-sharing platforms – is regulated by the Act on Media Services. With some exceptions, broadcasters and on-demand audiovisual media service providers must ensure that the programme in which product placement is permitted:

• does not directly promote the purchase, sale or rental of goods or services, in particular by specific references to those goods or services;
• does not give undue prominence to the relevant goods or services; and
• clearly informs the public of the occurrence of the product placement with a sign:
• • at the beginning and at the end of the programme; and
  • when the programme is resumed after an interruption following a commercial break.

Product placement is prohibited in:

• news programmes;
• current affairs programmes;
• consumer affairs programms;
• religious programmes; and
• programmes for children.

(b) Sponsorship

Advertising via sponsorship is regulated separately:

• for various industries (eg, pharmaceuticals, tobacco); and
• for various forms of advertising.

The Act on Media Services encompasses some of the most noteworthy regulations pertaining to sponsorship – namely sponsorship in audiovisual content on television and on digital platforms. This regulation requires broadcasters and digital media operators to clearly identify the sponsor of each fully or partially sponsored programme. Broadcasters and digital media operators face a delicate task:

• They must ensure that the sponsor is clearly and properly identified; and
• They must also ensure that a sponsored programme does not directly support the sale, purchase or lease of goods or services – in particular, by special promotional references to those goods or services in these programmes.

Moreover, the Act on Media Services specifies who is (not) allowed to act as a sponsor. For example, manufacturers or sellers of cigarettes, other tobacco products, electronic cigarettes or refill bottles for electronic cigarettes may not sponsor a programme or programme service. Similarly, manufacturers of arms or ammunition are excluded from sponsorship. On the other hand, manufacturers or sellers of pharmaceuticals or providers of healthcare services are not excluded completely; but they cannot promote:

• the sale of prescription-only medicines; or
• the provision of healthcare services reimbursed under public health insurance.

(c) Loyalty programmes

The terms and conditions for loyalty programmes – much like those for sweepstakes – must adhere to specific guidelines. They must be:

• transparent;
• free from misleading information; and
• easily accessible to participants.

Any particular conditions or restrictions must be fairly communicated to potential participants.

The self-regulation rules outline specific requirements for advertising loyalty programmes. According to the Code of Ethics:

• each loyalty programme must establish its rules before it begins; and
• these rules must be adequately published and made available to every consumer upon request.

These rules should make it clear to the average consumer:

• how the loyalty programme operates;
• who is responsible for organising the loyalty programme;
• who is eligible to participate in the loyalty programme;
• the conditions under which a consumer can join the loyalty programme; and
• the benefits of participation in the loyalty programme.

8 Industry-specific regimes

8.1 What regulatory regimes apply to advertising in the following industries in your jurisdiction, and what best practices would you highlight? (a) Gambling (including lotteries); (b) Alcohol; (c) Tobacco; (d) E-cigarettes; (e) Pharmaceuticals (prescription and over-the-counter); (f) Therapeutic products (ie, products which claim to have health benefits but which are not medicines or pharmaceuticals, such as vitamin supplements); (g) Food; and (h) Financial products and services.

(a) Gambling (including lotteries)

The organisation and advertising of gambling games are generally permissible, but only if the organiser holds a specific licence.

The advertising of unlicensed gambling is prohibited. Apart from general adverting rules, the advertising of licensed gambling is regulated primarily by self-regulatory rules. According to the Code of Ethics, the advertising of licensed gambling must not encourage:

• negligent participation in a lottery; or
• the development or strengthening of gambling addiction.

Sweepstakes usually do not fall under the definition of a ‘gambling game'; however, the Code of Ethics provides that the promotion of a sweepstake must not:

• promise that participation in consumer competition is guaranteed to bring luck to the consumer if not every participant will be rewarded; or
• state that non-participation in consumer competition will lead to misfortune.

Considering the foregoing, it is strongly advisable to avoid the advertising of gambling games unless the organiser has a proper licence. With regard to the advertising of licensed gambling games, we would recommend avoiding any claims that could create an impression that winning in the game is easier than it actually is.

(b) Alcohol

Alcohol advertising is regulated primarily by:

• the Act on Advertising; and
• the Act on Media Services.

Both acts contain specific rules and restrictions for alcohol advertising.

An alcohol ad generally cannot:

• promote excessive use or abuse of alcohol;
• misleadingly highlight positive effects of alcohol consumption; or
• be aimed at minors.

In particular, alcohol advertising cannot:

• associate alcohol consumption with beneficial effects on physical or mental performance;
• claim that alcohol:
• • has therapeutic qualities or stimulant or sedative effects; or
  • helps in dealing with personal issues;
• encourage immoderate consumption of alcohol or present abstinence or sobriety as a deficiency;
• emphasise the alcoholic content of beverages as a sign of their quality; or
• be aimed at minors or portray minors as consuming alcohol.

Moreover, according to the Act on Media Services, alcohol advertising cannot:

• associate drinking of alcohol with driving a car; or
• create impression that the consumption of alcohol contributes to social or sexual success.

The advertising of spirits in audiovisual programmes is prohibited between 6:00 am and 8:00 pm.

More detailed provisions on alcohol advertising can be found in the self-regulatory Code of Ethics. For instance, according to the Code of Ethics, among other things, alcohol advertising cannot:

• be placed on billboards close to schools or other places for children;
• claim that alcohol is consumed by members of a social group which is in fact usually against the consumption of alcohol; or
• portray drunk people without obvious prevention reasons.

(c) Tobacco

The advertising of tobacco products is prohibited, with only a few exemptions.

Specifically, the advertising of tobacco products is prohibited:

• on all types of information carriers;
• through the distribution of the tobacco product to the public;
• on non-smoking promotional items distributed to the public, with the exception of promotional items distributed at places of sale;
• through tobacco product sponsorship; or
• by introducing the trademarks, emblems, names or other distinctive emblems of the tobacco product, other than at places where the tobacco products are sold.

On the other hand, certain forms of tobacco products labelling are not considered as tobacco advertising. It particular, it is permissible to:

• place signage on specialised shops selling tobacco products and other products for smokers bearing the mark TABAK;

• place signage on cars and trucks of tobacco manufacturers bearing their trademarks;
• provide information on specific tobacco products intended for consumers in tobacco shops, as long as this:
• • contains a warning about the harmfulness of smoking; and
  • is positioned in such a way as to address, in particular, visitors to the shop; and
• distribute tobacco products in trade negotiations relating to tobacco products.

(d) E-cigarettes

At present, the advertising of e-cigarettes is expressly prohibited in audiovisual media only. Under the current regulations, the advertising of e-cigarettes is still possible:

• on billboards;
• in newspapers; and
• in online spaces that fall outside the scope of audiovisual media services.

According to self-regulatory rules contained in the Code of Ethics, ads for e-cigarettes must not:

• claim that the use of e-cigarettes:
• • promotes or enhances sexual, business or sporting achievements; or
  • is a natural or necessary means of relaxation or concentration;
• encourage non-smokers to start smoking;
• be aimed at minors, encourage them to smoke or show scenes that could particularly attract them; or
• misuse minors in any of its forms – even indirectly by the presentation of:
• • fictitious persons;
  • animated characters; or
  • figures resembling minors.

Moreover, the Code of Ethics states that ads in the form of direct promotion of tobacco products (including e-cigarettes, refill bottles and other fillings for these cigarettes) may only be aimed at adult consumers.

(d) Pharmaceuticals (prescription and over-the-counter)

It is prohibited to advertise pharmaceuticals which:

• are not registered in the Slovak Republic;
• contain narcotic drugs, psychotropic substances or preparations;
• require a prescription (ie, all prescription pharmaceuticals); or
• are reimbursed through public health insurance.

Advertising in these cases is allowed only:

• if it is targeted at medical professionals; and
• during vaccination campaigns approved by the Ministry of Health.

The advertising of over-the-counter (OTC) pharmaceuticals must:

• correspond throughout to the particulars specified in the summary of medicine characteristics;
• promote the rational use of the medicinal product by objectively informing about the properties of the medicinal product without exaggerating its properties; and
• be designed in a way that makes it clear that:
• • the information is an ad; and
  • the product which is the subject of the ad is a medicinal product.

The advertising of OTC pharmaceuticals must further:

• contain the necessary information on proper use;
• include an explicit and comprehensible invitation to read the instructions on proper use carefully; and
• not be misleading.

The advertising of pharmaceuticals addressed to the public may not contain any potentially harmful elements, such as elements that:

• give the impression that a medical examination or procedure is unnecessary;
• offer diagnosis or methods of treatment through correspondence; or
• give the impression that the effects of the medicinal product:
• • are guaranteed and are not accompanied by any adverse effects; or
  • are better or equal to the effects of another medicinal product or other treatment.

(e) Therapeutic products (ie, products which claim to have health benefits but which are not medicines or pharmaceuticals, such as vitamin supplements)

As a general principle, vitamin supplements and other food supplements cannot be advertised as if they have the same effects as pharmaceuticals. More detailed restrictions are contained in the self-regulatory Code of Ethics, which provides that if a food supplement is not intended as a substitute for food or drink, it must not be presented in advertising in this way. The Code of Ethics further provides that food supplements may not:

• be compared in advertising to a medicinal product or medical device; or
• otherwise give the consumer the impression that they are medicinal products or medical devices.

The Act on Advertising contains specific rules on the advertising of baby formula, which state in particular that this:

• is permissible only in:
• • publications focused on the care of infants; and
  • scientific publications; and
• may only contain scientifically verified and objectively correct data.

Also, the advertising of baby formula must not lead to the conclusion that baby formula is equivalent to or better than breast milk.

(f) Food

As a fundamental rule, food advertising cannot be misleading. In addition, much like the advertising of food supplements, food products should not be promoted in a manner that suggests they possess pharmaceutical effects.

There are harmonised rules on health and nutrition claims for food products at the EU level. Any nutrition and health claims can thus be used only if they are based on generally accepted scientific evidence. For instance, a claim that food has a low energy value can be made only if the product does not contain:

• more than 40 calories per 100 grams for solid food; or
• more than 20 calories per 100 millilitres for liquid food.

For table sweeteners, a limit of 4 calories per portion applies, with sweetening properties corresponding to 6 grams of sucrose (approximately one teaspoon).

Further requirements for the advertising of foods are contained in the self-regulatory Code of Ethics, according to which food advertising must truthfully present the properties of food, including its:

• size;
• shape;
• appearance;
• packaging material;
• composition;
• durability;
• content;
• origin;
• method of production; and
• benefits for nutrition and health.

Ads for food should further refrain from promoting excessive consumption.

(g) Financial products and services

According to the Act on Consumer Credit, any form of advertising regarding consumer credit indicating the interest rate or any figure concerning the total costs related to consumer credit must also contain specific information defined by law (in the form of a representative example), including:

• the interest rate – fixed, variable or both;
• details of the fees included in the total consumer costs related to the consumer credit;
• the total amount of the consumer credit;
• the annual percentage rate of costs;
• the due date;
• in the case of consumer credit in the form of a deferred payment of particular goods or services, the purchase price of the goods or services and the amount of any advance payment; and
• the total amount that the consumer must pay and the amount and number of instalments.

There are specific restrictions for other financial services and products. For instance, in relation to the advertising of contracts for difference (CFDs), it is prohibited to provide the clients with any financial or non-financial incentives (eg, free shares, specific margins), except for information about the CFDs. The regulator justifies this prohibition on the grounds that bonuses and other trading benefits may distract the client from the high-risk nature of the product. When it comes to the advertising of investment services, the level and scope of client protection guaranteed by the Act on Securities may not be the subject of advertising.

The advertising of financial products services is supervised by the National Bank of Slovakia.

9 Enforcement

9.1 On what grounds can the following parties take action against ads in your jurisdiction? (a) Competitors; (b) Consumer associations; and (c) Members of the public.

(a) Competitors

Competitors frequently take action when their direct interests are under threat, especially when this involves a risk that their reputation or positive perceptions of their products may be damaged. This often happens in:

• comparative advertising; or
• advertising where the brand is associated with an unfavourable context.

Furthermore, competitors sometimes act when their interests are jeopardised indirectly, particularly in cases where a third party gains an unfair competitive edge. One common example is misleading advertising.

(b) Consumer associations

Consumer associations safeguard consumers' rights guaranteed by consumer protection laws, including protection against unfair commercial practices. In addition, they are authorised to initiate legal proceedings in cases of unfair competition, provided that the alleged conduct may be detrimental to consumers.

(c) Members of the public

If individual consumers believe that any advertising violates advertising laws, they can file a complaint with the appropriate public authority, which will then:

• initiate administrative proceedings; and
• if the advertiser has indeed violated advertising regulations, impose a fine on it.

Furthermore, where consumer protection laws or unfair competition restrictions have been violated, consumers also have an individual right to take legal action to seek redress, including compensation for damages.

9.2 What mechanisms are available to them to do so, and what are the pros and cons of each?

Competitors may protect their legitimate interests primarily through:

• court proceedings; or
• proceedings before self-regulatory bodies.

Alternatively, they can file a complaint with public authorities or a consumer protection association and initiate administrative or judicial proceedings accordingly. Similarly, individual consumers and consumer associations are authorised to initiate:

• court proceedings;
• administrative proceedings; or
• proceedings before a self-regulation body.

Protection through court proceedings undoubtedly provides more substantial safeguards. On the other hand, self-regulation:

• offers quicker redress; and
• in some instances, proves adequate to prevent further infringement.

The effectiveness of protection through administrative proceedings is heavily dependent on the specific circumstances: it can be either expeditious and efficient or slow and useless.

9.3 How does the procedure typically unfold and how long does it take?

When advertising regulations or consumer protection laws are violated, or when other rights such as privacy rights, trademark rights or copyright are jeopardised, the affected party can select from various protective measures and opt for the one deemed most suitable based on the expected outcome.

If a party chooses to defend its interests through court proceedings, it should be prepared for the prospect that these proceedings may take several months or in some cases even years. Of course, this does not apply to preliminary measures, where prompt decisions are needed to address the parties' relationships and specific timeframes are defined by law. Administrative proceedings are typically initiated on the basis of simple motions from consumers and in most cases a decision is issued in a few days or months.

In addition to traditional civil actions, according to the new Act on Representative Actions for the Protection of the Collective Interests of Consumers, consumers may now join a collective lawsuit for the protection of consumer interests initiated by a consumer association through simple registration and payment of an administrative fee. Together with other consumers, they may seek redress, including:

• a price discount; or
• compensation for damages.

9.4 What costs are incurred?

The costs of the proceedings depend on:

• the nature of the filing; and
• the redress sought.

In administrative and self-regulation proceedings, the administrative fees are either zero or very low. In court proceedings, the court fees may depend on the amount of the claim. Consumers and consumer associations are excused from court fees; however, in case of an unsuccessful action, they will still bear the costs of the counterparty's legal representation. Furthermore, in legal proceedings, all facts presented by the party must be substantiated, so there might be additional direct costs associated with this process.

9.5 What defences are typically raised by the advertiser?

In misleading advertising lawsuits, the standard defence strategy usually involves proving that the advertising claim:

• is factually correct; or
• constitutes mere puffery, which is allowed and generally acceptable.

Where a lawsuit involves the use of a competitor's trademark, the advertiser will typically seek to demonstrate that such use accords with fair use principles. For instance, in the context of comparative advertising, the advertiser must demonstrate that it has satisfied all of the criteria specified by law for comparative advertising. This includes ensuring that:

• the competitor's brand was not discredited in a way that would harm the competitor;
• the compared products were indeed comparable; and
• the advertising did not create confusion between the advertiser and the competitor or their respective products.

9.6 What remedies are available?

In court proceedings, the plaintiff may seek:

• an order for the party which violated the advertising rules to refrain from unlawful actions and remedy the consequences of the violation; and
• seek adequate redress, including in monetary terms, to compensate for damages and remedy unjust enrichment.

In certain circumstances, the violator may be required to publish the court's decision on the violation of competition or consumer rules.

In proceedings before the self-regulatory bodies, a party may seek:

• modification of the advertiser's claim or ad; or
• its withdrawal from the market.

In addition, according to the new Act on Representative Actions for the Protection of the Collective Interests of Consumers, consumers may seek redress, including in the form of:

• a price discount; or
• compensation for damages.

9.7 Can the decision be appealed? If so, what is the process for doing so?

Every administrative procedure involves two stages. Further, if one of the parties involved disagrees with a decision made by the administrative authority, it can seek legal protection in court to uphold its rights. Likewise, there is always the option to challenge the initial verdict of either a civil or criminal court. The case is then assessed by the court of higher instance. This applies mutatis mutandis to proceedings before the self-regulatory bodies.

10 Trends and predictions

10.1 How would you describe the current advertising landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Prominent advertising trends in Slovakia include:

• influencer marketing;
• green advertising;
• the convergence of commercial and social themes; and
• the integration of modern technologies such as advanced data analytics and artificial intelligence.

In the coming years, it will be particularly interesting to observe how advertising within the metaverse evolves – and whether and how regulators react to this emerging landscape.

Although advertising law in Slovakia is broadly regulated by legislation, it is often enforced through self-regulatory mechanisms. Self-regulatory bodies handle a substantial number of complaints and routinely assess such cases. As their findings are made public, this system is highly effective. In addition, the new Act on Media Services has introduced the concept of co-regulation, allowing self-regulatory bodies to serve as the initial authorities in administrative proceedings. Consequently, the role of self-regulatory bodies in the current legal system is expected to become even more crucial.

Moreover, the new Consumer Protection Act has introduced substantial alterations to the method for imposing fines in administrative proceedings involving consumers. Fines will be determined based on the wrongdoer's revenue, as under the General Data Protection Regulation, potentially resulting in substantially higher penalties for advertising violations, particularly for large brands.

11 Tips and traps

11.1 What are your top tips for companies that advertise their products and services in your jurisdiction and what potential sticking points would you highlight?

One common issue in advertising and marketing in Slovakia concerns deceptive advertising. According to the Commercial Code, ‘deceptive advertising' is defined as advertising that either deceives or has the potential to deceive the intended audience:

• leading to a significant impact on their economic decisions; or
• causing harm to competitors or consumers.

At the same time, misleading advertising – whether in form of greenwashing, use of influencers without disclosure of the commercial relationship between the brand and influencer or other similar practices – may represent an unfair commercial practice, which is prohibited.

Hence, the general advice to advertisers operating in Slovakia is clear: be transparent and avoid attempting to mislead consumers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.