09Jul

Learn the ins and outs of influencer marketing and how it can benefit your brand.

The Competition and Markets Authority has updated its November 2017 #GVH #Compliance #Opinion Leaders briefing ,which is summarised below. It is important to note in advance that the Competition Authority's recommendation is based solely on the provisions of Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers, but other legislation may also apply to influencer marketing (Civil Code, Civil Code, Children's Act, tax legislation, etc.).

According to the Fttv., individuals who promote third party products on their own social networking sites for a fee are considered opinion leaders (influencers). In addition to a monetary benefit, the remuneration may include, for example, the provision of a discount, a free product or service to the influencer, an invitation to a trip, etc.


If the influencer displays content for consideration, any form of business relationship or cooperation with the advertiser must be clearly and precisely identifiable and, where possible, ensure that consumers are presented with the same indication of the business relationship within a platform.

Any reference to an advertisement in a language other than Hungarian will only be accepted if it is made in the language of the content published by the advertiser.

In the absence of an advertising label to indicate the content, it is recommended that, in the case of content that only displays text, the reference to the consideration should be displayed in a way that is appropriate to the length of the text, clearly visible, separate from the text, and before any further clicking or scrolling requiring consumer intervention.In the case of stories, it is recommended to indicate the fact of consideration by direct textual indication on the image or video and by a narrative attention-grabber. It is important that the textual indication is at least as prominent as other textual elements in the image or video.

It is expected that the opinion leader has actually experienced and tried the product or service being promoted, and that his or her statements reflect his or her personal experience of the product, thus presenting a true picture to his or her followers.

The GVH has recommended that advertisers and the agencies that assist them develop contractual terms and conditions and processes or compliance programmes to ensure that they are aware of the legal requirements. The Competition Authority also included in the Recommendation the establishment of an appropriate monitoring system and reporting process, the setting of industry standards and the establishment of control points.

Dr. György Zalavári LL.M.
Ecovis Zalavári Legal Hungary
Lawyer | Mediator | Corporate Law and Data Protection Specialist
gyorgy.zalavari@ecovis.hu


18Aug

Understanding the legal and ethical considerations of utilizing Hungarian language signage in business promotions and campaigns.

Pursuant to the relevant Act, in business advertising published in a press product, radio or television programme in Hungarian, or in an outdoor advertising medium, the text of the advertisement, including the slogan, must appear in Hungarian, with the exception of the name of the business, its designation or the trade mark, regardless of the method of publication.

Dr. György Zalavári, lawyer, explains that this requirement may be fulfilled by displaying both the foreign language texts and their Hungarian equivalents in the same advertisement. The Hungarian and the foreign language text must be equally noticeable and must be displayed in the same size.


This provision does not apply to advertising published in foreign language sections, supplements or special editions of press products published in Hungarian, or in, immediately before or after, radio or television programmes in foreign languages.

The name of the shop, with the exception of the name of the business, the motto and the indication of the goods sold in the shop, as well as the notices in the shop or in the shop window intended to inform consumers, must always appear in Hungarian on the shop signs. This may also be accepted if, in addition to the foreign language text, the Hungarian equivalent of the same sign is displayed in the same prominent position and in the same size.

Signs in Hungarian must be displayed in public places, public buildings, private places and buildings open to the public, which are intended to inform citizens, and on public transport vehicles, which contain notices intended to inform passengers about road safety or the use of public transport, which are not economic advertising.

In the case of original signs on areas, buildings and structures protected by legislation on the protection of cultural heritage, the display of the text in Hungarian is not compulsory.

Established foreign language expressions are not considered as foreign language text. If there is doubt as to the rootedness of a foreign language term or as to the linguistic accuracy of the Hungarian translation, the competent authority shall take as a basis the opinion of the advisory body appointed by the President of the Hungarian Academy of Sciences.

These requirements do not affect the rights of national minorities with regard to economic advertisements and signs in the national language in municipalities where the national minorities concerned have a national minority self-government. These provisions will be monitored by the consumer protection authority.

Dr. György Zalavári LL.M.
Ecovis Zalavári Legal Hungary
Lawyer | Mediator | Corporate Law and Data Protection Specialist
gyorgy.zalavari@ecovis.hu





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