In Spain, advertising is regulated under several key laws and acts to ensure transparency, fairness, and the protection of consumer and business interests. The most important of these regulations are highlighted below:
General Advertising Act (Law 34/1988): This is the foundational legal framework governing advertising activities. It sets forth the requirements that advertisements must not be misleading and must offer truthful information about products and services.
Unfair Competition Act (Law 3/1991): This act complements the General Advertising Act by focusing on the competitive practices in the market, ensuring that no business engages in advertising that constitutes unfair competition.
General Audio-visual Communication Act (Law 13/2022): This law addresses advertising through audiovisual channels, including requirements for content across media platforms such as streaming services and online video sharing. It includes rules on advertising influencing, particularly emphasizing transparency and disclosure.
Consumer Protection Act (Royal Decree 1/2007): This act covers the relationship between businesses and consumers, ensuring that advertisements do not exploit consumers and that they contain fair and necessary information about the advertised products or services.
Data Protection Act (Law 3/2018): In alignment with the GDPR, this law ensures the protection of personal data in advertising practices, particularly relevant in digital advertising and data-driven marketing strategies.
Intellectual Property Act (Law 1/1996): Governs the use of copyrighted material within advertisements, ensuring respect for intellectual property rights.
These laws collectively create a robust legal framework that demands honesty, fairness, and respect for privacy in advertising, reflecting Spain's commitment to protecting both consumer rights and the integrity of its market practices. Compliance with these laws is essential for businesses operating in Spain to avoid legal repercussions.
