Advertising and media law

Advertising Law

Advertising law is the legal framework that applies to all kinds of commercial communication and aims at protecting consumers against unfair market practices as well as safeguarding the free market and competition.

Advertising law covers unfair trade practices and the protection of intellectual property. In addition, there are many self-regulating initiatives by and for the advertising sector. These initiatives contain guidelines for the use of advertising in specific circumstances, such as native advertising, online influencers, advertising for food and alcohol, …

Sirius Legal has built a strong track record in advertising law and successfully assisted small, medium and large companies, including advertising agencies and online agencies. Assistance includes legal advice in advertising campaigns, contractual negotiations, disputes inside or outside the court, advice and contacts with governments and bodies such as the JEP (Jury for Ethical Advertising Practices) and VRM (de Vlaamse Regulator voor de Media).

In addition, Sirius Legal is a partner and member of the Belgian Association of Marketing (BAM) for which we deliver publications and contributions and often act as guest speakers at their events.

You can contact us for:

  • All legal questions regarding your advertising campaigns (consumer protection and trade practices, trademark law, copyright law, comparative advertising, privacy, product placement, sponsorship agreements, questions about social media, native advertising, etc …)
  • Online and offline competitions and promotional campaigns throughout Europe, drafting or checking competition rules
  • Questions about the creation and use of databases, privacy, database rights, opt-in, opt-out, scraping or crawling of data, the use of rented or purchased databases, etc.
  • Protection of minors in advertising
  • Specific regulations regarding advertising of medicinal drugs, alcohol and tobacco, etc.
  • Protection of reputation (against libel and defamation)
  • Portrait and personality rights

Media law and entertainment

Media law covers legislation applicable to audiovisual and online media, public communication and freedom of expression. Media practice obviously covers regulations on the organization and operation of various media channels (e.g. radio channel, TV channel, …), but also journalism and the freedom of communication, which may give rise to conflicts of interests.

Our team of lawyers advises various companies active in the media sector on agreements and licence contracts, protection of TV formats, spectrum management, obtaining licences as a radio channel, … But also questions about the right of reply, freedom of speech and press and the right to be forgotten, as well as questions on slander and defamation.

We regularly assist producers and studios, radio stations, vloggers, journalists, (web) TV stations, actors, filmmakers and screenwriters.

Sirius Legal is also a member of MediaNet Vlaanderen, an organization that represents more than 60 companies within the media sector.

You can contact us for:

  • All types of contracts in the media and entertainment industry (production agreements, TV or movie related agreements, licence agreements, distribution agreements, copyright transfers, etc …)
  • Matters concerning approvals and licences for radio and television broadcasters
  • Protection of reputation (against libel and defamation)
  • Right of reply
  • False social media profiles
  • Right to be forgotten and “removal requests” with Google and other internet companies
  • Procedures before the VRM and JEP
  • Copyrights in the media and entertainment sector

 


Campaign Checker

Advertising and communications agencies and advertisers often have legal questions about their campaign concepts. They do not always have the appropriate legal know-how to find a quick and correct answer.

Sirius Legal has developed the Campaign Checker to deal with these specific questions: an online service that provides quick and pragmatic advice on unfair market practices (eg comparative advertising, degrading advertising, consumer confusion, etc.), copyright, trademark law, the use of AdWords, privacy related questions, etc.


Rules for prize promotions

Organizing a prize promotion is often part of an advertising campaign. The preparation of such regulations requires the necessary attention given the specific legislation on gambling, privacy and also unfair trade practices. Moreover, the purpose of organizing a competition is often to collect personal data.

We can draw up regulations for your competition in 2 languages ​​(NL and ENG or NL and FR) for a fixed rate of 600 EUR (excl. VAT). For this amount you will receive fully customized competition rules and correct advice about the legislation on competitions , privacy legislation and unfair trade practices. We make sure you can publish your competition with confidence.


Contact

Questions about media or advertising law? Our team is happy to assist you.  Please contact us by filling out the form below.