This issue of our TMT Bites is dedicated to “Marketing, advertising and promotion” and their relevant legal implications, and also includes significant contributions from other jurisdictions. Enjoy and stay tuned for more updates!

This video has been recorded prior to the restrictions due to the Covid-19 emergency.

If you have any questions, ask our team or send an e-mail to tmtbites.italy@dentons.com

Focus on

Ambush marketing: an Italian law perspective

On January 17, 2020, the Italian government approved a bill (disegno di legge) aimed at introducing in Italy – for the first time – a general legal framework on “ambush marketing”.

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Cookies and online advertising: an ongoing-changing scenario

Cookies are the main technologies that enable effective online targeted advertising. These tracking technologies are still regulated by the ePrivacy Directive, which will soon be replaced by the ePrivacy Regulation (currently under discussion within the Council of the European Union). 

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New advertising rules for video-sharing platforms

In this article, we will discuss the obligations and restrictions regarding advertising for video-sharing platforms in The Netherlands under the AVMS Directive (Audiovisual Media Services Directive 2018/1808/EU) 

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A Preliminary Study on Legal Issues of the Live-Streaming Sales in China

Live streaming sale, as a new mode of retailing, has become a huge hit, and gets even hotter during the COVID-19. With such development also comes legal concerns.

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Other articles of this edition

The market’s view: interview with Andrea d’Agostino on how digital advertising players are creating a new era in the TV market

TMT Bites recently interviewed Andrea d’Agostino (LL.M. and Head of Data Protection & New Technologies at Mondadori Group) on the future of digital advertising in the GDPR era and how key players are using “new technologies” in “old channels”. 

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DDPA's first fine for the sale of personal data

Last month, the Dutch Data Protection Authority (the DDPA) issued a €525,000 fine to the Dutch Tennis Association for the unjustifiable sale of member personal data to third party sponsors. The DDPA’s investigative activities against the Dutch Tennis Association were already announced back in December 2018 and we have been curiously waiting for the ball to drop. In this article, we discuss the DDPA’s decision to fine the Dutch Tennis Association and how it impacts any other organization in the business of buying and selling personal data.

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Belgian Data Protection Authority's new guidelines on direct marketing processing

On January 28, 2020, the Belgian Data Protection Authority (“DPA”) published the final version of its Strategic Plan 2020-2025, setting out its priorities for the next five years, with a focus on different sectors, key elements of the GDPR and social themes.

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The ICO’s new Direct Marketing Code

On 8th January 2020, the UK Information Commissioner’s Office (‘ICO’) began consulting on a new draft Direct Marketing Code of Practice (‘the Code’). This article focuses on the significant changes as set out in the new draft Code

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Personalising marketing and services - how far can you go under privacy law?

To assist business in achieving a global approach to “personalisation” without infringing upon privacy law, it is important to establish where the law draws the line between the two

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About a recent enforcement decision of the Italian DPA: lessons learned

In this brief article, we will focus on the main principles that data controllers should take into account when processing personal data for marketing.

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The consent dilemma: is an SMS requesting consent to send marketing itself a form of marketing that requires consent? The Italian courts’ different view

The Court of Rome was recently asked to address the resolution no. 437 of October 27, 2016 by the Italian Autorità Garante per la Protezione dei Dati Personali regarding the sending of text messages in order to gather the data subjects’ consent to processing for marketing purposes.

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Further news: hot topics

The European Commission's guidelines on anti-COVID apps

On April 16, 2020, the European Commission issued its Guidelines to support member state governments and app developers in the implementation of apps to fight the COVID-19 pandemic.

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Data-driven solutions to fight COVID-19: the EDPB’s guidelines (04/2020) on the use of location data and contact-tracing tools

On April 8, 2020, the Italian Parliament’s Transport Commission held hearings, which included that of the President of the Italian Data Protection Authority, Antonello Soro, on the use of new technologies and the Internet to fight the COVID-19 epidemiological emergency. 

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