Advertising

• Directive 2006/114/EC on misleading and comparative advertising

Advertising exists to persuade—but EU law draws a firm legal boundary between legitimate persuasion and unlawful deception. Directive 2006/114/EC is the cornerstone regulation that defines where that boundary lies, shaping how advertising campaigns are conceived, executed, and defended across the European Union.

For advertisers, agencies, and brands, the Directive directly governs truthfulness of claims, substantiation of statements, and the lawful use of comparisons with competitors. Any claim relating to price, performance, origin, quality, or results must be accurate, verifiable, and not misleading, whether communicated through traditional media, digital channels, influencer campaigns, or comparative advertisements.

Comparative advertising is permitted—but only under strict conditions. Comparisons must be objective, non-denigrating, and based on relevant and comparable features. In practice, this means that creative concepts, taglines, visuals, and data-driven claims must be vetted not only for marketing impact, but for legal defensibility.

In a market where reputational damage, injunctions, and competitor challenges can arise overnight, compliance with Directive 2006/114/EC is not a constraint on creativity—it is a strategic safeguard. It ensures that advertising remains credible, competitive, and enforceable in a highly regulated European commercial environment.

• Directive 2005/29/EC on unfair commercial practices

Advertising is the primary interface between businesses and consumers—and EU law treats that interface as a zone of heightened legal protection. Directive 2005/29/EC defines the rules that determine whether advertising crosses the line from legitimate persuasion into unlawful manipulation.

For advertisers, agencies, and brands, the Directive governs how commercial messages are framed, timed, and delivered. It prohibits misleading actions and omissions, as well as aggressive practices that exploit consumer vulnerability, urgency, or lack of information. Claims about prices, discounts, environmental impact, exclusivity, or performance must be clear, accurate, and complete, particularly in digital and fast-moving advertising environments.

The Directive is especially impactful in online advertising, influencer marketing, and behavioural targeting. Practices such as fake urgency (“last chance”), hidden advertising, undisclosed sponsorships, or misleading green claims are treated as inherently unfair. A detailed “blacklist” of prohibited practices leaves no room for creative interpretation.

In an industry driven by attention and speed, compliance with the UCPD forces advertising to be transparent, ethical, and defensible. It transforms consumer trust into a legal requirement and makes regulatory compliance a central element of sustainable, scalable advertising strategies across the EU.

• Regulation (EU) 2022/2065 (Digital Services Act)

The Digital Services Act fundamentally reshapes how advertising operates in digital environments, transforming transparency and accountability from best practices into binding legal obligations. In an industry increasingly dependent on online platforms, programmatic advertising, influencers, and targeted campaigns, the DSA directly governs how advertising content is created, distributed, and controlled.

For advertisers, agencies, and brands, the DSA introduces strict rules on online advertising transparency. Sponsored content must be clearly identifiable, the identity of the advertiser must be disclosed, and users must be informed about the main parameters used for ad targeting. Behavioural advertising—especially where sensitive data or minors are involved—is subject to heightened scrutiny and restrictions.

The Regulation also impacts the advertising supply chain. Platforms hosting or distributing ads are required to implement systems for detecting and removing illegal or misleading advertising, cooperate with authorities, and provide effective complaint-handling mechanisms. For large platforms, this includes ongoing risk assessments addressing the systemic effects of online advertising practices.

By placing responsibility not only on platforms but also on the ecosystem that feeds them, the DSA turns advertising compliance into a shared legal responsibility. In a regulatory landscape where reputational damage and enforcement actions travel faster than campaigns themselves, compliance with the DSA is essential for lawful, credible, and sustainable advertising across the EU.

• Bulgarian Consumer Protection Act (for misleading advertising and unfair commercial practices)

• Bulgarian Electronic Commerce Act (for online advertisement and platform obligations)