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Legal consultancy

UPA provides assistance and consulting to its members for legal or contractual problems in relation to their advertising and communication activities.
For example:

  • Advice on contractual relations with advertising agencies, media centres, public relations agencies, promotion and direct marketing agencies, web agencies, film production companies and product placement agencies, advertising and media sales agencies
  • The interpretation of current national and European community laws regarding advertising and corporate communications and provisions that regulate specific product categories (i.e. pharmaceuticals, food, alcoholic drinks) 
  • Interpretation of legal provisions regarding unfair competition, author’s rights, brands, etc 
  • Advance opinions on issues in relation to the Advertising Self-Regulation Code 
  • Advice on the operative parts of judgments by the Advertising Self-Regulation Jury 
  • Opinions and indications regarding procedures and requirements related to promotional prize contests 
  • Advice on procedures and requirements related to law no. 196/2003 relating to the protection of persons and other subjects with respect to the handling of personal data (for aspects regarding Company business communication) and consultancy regarding the provisions issued by the Authority responsible for protecting personal data 
  • Assistance with procedures opened by the Competition and Market Authority regarding misleading advertising 
  • Monitoring of TAR judgements following appeals made by companies

Contract guides
UPA provides its members with a set of template contract documents that allow the advertisers to enter into contracts with agencies or other partners, while ensuring their interests are fully protected. The template contracts allow members to effectively deal with unexpected occurrences.
The contract documents are prepared by highly qualified lawyers and jurists with experience in the advertising industry, in collaboration with the legal offices of member companies.
The contract documents include:

  • Guide to a contract between an Advertiser and an Advertising Agency 
  • Guide to a contract between an Advertiser and a Media Centre 
  • Guide to a contract between an Advertiser and a Promotion Agency 
  • Guide to a contract between an Advertiser and a Public Relations Agency 
  • Budget and contract outlines between an Advertiser and a Production Company 
  • Guide to a contract between an Advertiser and a Direct Marketing Agency 
  •  Guide to a contract between an Advertiser and a Product Placement Agency
  • Guide to a contract between an Advertiser and a Production Company for product placement 
  • Guide to a contract between an Advertiser and a Web Agency
    Promotional prize contests and personal data protection
    UPA has created a series of publications for its members on the legal and fiscal obligations pertaining to promotional prize contests and the protection of privacy.

These guides are updated periodically and take into consideration the frequent changes made to the regulating provisions and procedures. UPA also provides its members with advice on this issue, and engages in continuous dialogue on data protection issues with the competent government offices.