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About Advertising and Marketing Law in Borgholm, Sweden

Advertising and marketing in Borgholm take place under Swedish national law with a layer of local municipal rules for permits and the use of public space. The core national framework is the Swedish Marketing Act, which prohibits misleading and aggressive practices and requires that all marketing is identifiable as advertising. Other key rules cover pricing, e-commerce, personal data, cookies, sector-specific products like alcohol and tobacco, children and youth protections, and media specific formats such as broadcast and sponsorship.

Because Borgholm is a coastal municipality with heritage and nature protections, local approvals are often required for signage, outdoor banners, event promotions, and installations in public areas. Businesses that market to consumers in Borgholm must therefore comply both with national standards and with municipal permitting and zoning rules for where and how they advertise.

This guide offers general information to help you understand the landscape. It is not legal advice.

Why You May Need a Lawyer

You may need a lawyer when planning a campaign to ensure that claims, pricing, and disclosures meet Swedish requirements before launch. Early review reduces the risk of enforcement actions or reputational harm.

Legal help is valuable when you use personal data for targeting, analytics, or cookies. A lawyer can align your consent flows, cookie banners, registers, and retention practices with data protection law.

Influencer collaborations and social media promotions often raise identifiable advertising and disclosure issues. Counsel can help draft contracts and compliance guidance that work on each platform and for Swedish audiences, including minors.

Brands running contests or prize promotions may face gambling and lottery rules, consumer law obligations, and local permit needs for any physical activations. A lawyer can structure lawful skill contests and compliant terms.

If you advertise restricted products such as alcohol, tobacco and related products, gambling, medical products, or food with nutrition or health claims, specialist advice is essential to navigate strict content and placement rules.

Businesses expanding into out-of-home advertising in Borgholm frequently need counsel to secure signage and public space permissions, and to handle heritage, environmental, and coastal protection constraints.

When competitors make misleading claims or copy your marketing, a lawyer can assess unfair competition, comparative advertising, trademark, or copyright angles and act before the Swedish Patent and Market Court or self-regulatory bodies.

Local Laws Overview

National Marketing Act. All advertising must be clearly identifiable as marketing and not misleading, aggressive, or unfair. Particular care is required for environmental claims, price promotions, and comparisons with competitors.

Price information. The Price Information Act requires clear and correct prices including taxes and fees for consumer offers. For price reductions, businesses must show the prior price and, for most consumer goods, indicate the lowest price offered during the past 30 days.

Distance and digital sales. The E-commerce Act and Distance and Off-Premises Contracts Act set pre-contract information, confirmation, and withdrawal rights for consumers. Marketing emails and SMS to individuals generally require prior consent and must include easy opt out.

Data and cookies. GDPR applies to all personal data used for marketing. Non-essential cookies and similar technologies require informed, active consent under the Electronic Communications Act. Transparency and user rights are central.

Media specific rules. The Radio and Television Act regulates advertising, sponsorship, and product placement in broadcast and on-demand services under Swedish jurisdiction, including limits on advertising to children.

Children and youth. Special protections apply to marketing that reaches or targets minors. Direct exhortations to children to buy or persuade parents are prohibited. Extra care is required for disclosures in influencer marketing and in-app purchases.

Sector rules. The Alcohol Act strictly limits alcohol marketing content and placements and requires warning texts. Marketing of tobacco and similar products is heavily restricted. The Gambling Act regulates marketing of gambling services, including duty of care and exclusion registry checks. The Medical Products Agency oversees pharmaceutical advertising. The Swedish Food Agency oversees nutrition and health claims.

Name and image in advertising. Using a person’s name or picture in marketing requires consent under the Swedish law on name and image in advertising. This applies to influencers and user generated content reused in campaigns.

Comparative and environmental claims. Comparative advertising must be objective, verifiable, and not disparaging. Environmental claims must be specific, truthful, and substantiated. Vague claims such as environmentally friendly or climate neutral are high risk without clear evidence and qualifying information.

Local permits in Borgholm. Outdoor signs, facade signs, billboards, banners, flags, and temporary promotional structures can require building permits under the Planning and Building Act and local development plans. Use of public places, including squares, streets, and beaches, may require a permit under the Public Order Act and local ordinances. Coastal protection and heritage considerations around shorelines and historic areas can further limit placements. Always check with the Borgholm municipal building committee and relevant authorities before installing or distributing materials in public spaces.

Enforcement and dispute resolution. The Swedish Consumer Agency supervises consumer facing marketing. Self-regulatory oversight is provided by the Swedish Advertising Ombudsman. Disputes and injunctions often go to the Patent and Market Court. Data protection is supervised by the Swedish Authority for Privacy Protection, and cookies are also overseen with the Swedish Post and Telecom Authority.

Frequently Asked Questions

What counts as advertising in Sweden

Any commercial communication intended to promote the sale of goods or services is advertising. This includes traditional ads, influencer posts, product placements, advertorials, sponsored content, email or SMS promotions, and in many cases organic brand posts if they have a promotional purpose.

How do I make sure influencer posts are compliant

Ensure the commercial relationship is clearly disclosed at the start and in a prominent way. Use simple labels like Annons or Reklam. The disclosure must be immediate on every format, including stories and short videos. You must also supervise content for accuracy and compliance, especially if the audience includes minors.

Do I need consent for email marketing to consumers

Yes, prior consent is generally required for marketing emails or SMS to natural persons. An exception applies where you obtained the recipient’s details in a sale of a product or service and you market similar products, provided you give a clear and easy opt out at every contact. You must always identify yourself and include contact details.

What are the rules for cookies and analytics

Non-essential cookies and similar technologies, including most analytics and marketing tools, require informed, active consent before activation. Provide clear information about purposes and vendors, allow granular choices where appropriate, and honor withdrawals. Security or strictly necessary cookies can be used without consent.

Can I run a giveaway or contest on social media

Skill based contests are generally allowed if they are fair, transparent, and do not become lotteries of chance that would fall under gambling rules. Publish clear terms, eligibility, start and end dates, selection criteria, and how personal data will be used. Avoid requiring unnecessary sharing of friends’ data or practices that could be deemed aggressive.

What are the requirements for price reductions

When you advertise a price reduction for consumer goods, you must show the lowest price applied during the previous 30 days. Make conditions and time limits clear, include taxes and mandatory fees, and avoid drip pricing. Do not use misleading reference prices.

Are environmental claims like climate neutral allowed

Only if you can substantiate the claim with clear, comprehensive, and up to date evidence that covers the relevant life cycle. Broad or absolute claims without solid proof are likely misleading. Qualify claims, explain scope and methodology in accessible terms, and keep records.

Can I use a competitor’s trademark in search ads or comparisons

Comparative advertising is allowed if it objectively compares relevant, verifiable features and does not confuse consumers or disparage the competitor. Using a competitor’s trademark as a keyword can be lawful in some cases, but the ad text must not imply affiliation and must not be misleading. Legal review is recommended.

What should I know about alcohol advertising

Alcohol marketing is tightly controlled. Content must be moderate, must not target or feature minors, must not link alcohol to social or sexual success, and must include required warning text in Swedish. There are restrictions on placements and formats. Online targeting must avoid underage audiences.

Do I need a permit for outdoor signs or street promotions in Borgholm

Often yes. Permanent or temporary signs, banners, and promotional stands can require a building permit and a permit to use public space. Locations near the coast, historic sites, and protected areas face additional limits. Apply in advance and keep approvals on site during installation.

Additional Resources

Swedish Consumer Agency for supervision and guidance on consumer marketing.

Swedish Advertising Ombudsman for self-regulatory decisions and guidance on advertising standards.

Swedish Authority for Privacy Protection for data protection and marketing privacy obligations.

Swedish Post and Telecom Authority for cookie and electronic communications guidance.

Press and Broadcasting Authority for broadcast and on demand advertising rules.

Swedish Gambling Authority for gambling marketing obligations and self-exclusion rules.

Medical Products Agency for pharmaceutical advertising requirements.

Swedish Food Agency for nutrition and health claims in food marketing.

Borgholm Municipality building committee for signage and local permits.

Patent and Market Court for marketing and unfair competition disputes.

National Board for Consumer Disputes for consumer complaint resolution related to marketing and sales.

Next Steps

Define your campaign objectives, audience, media, and placements. Identify any higher risk elements such as price reductions, environmental claims, or restricted products.

Map your data uses for targeting, analytics, and measurement. Prepare consent mechanisms, privacy notices, and cookie settings aligned with Swedish requirements.

Assemble your materials and agreements. Include creative drafts, influencer contracts with disclosure clauses, contest terms, and media plans.

Consult a lawyer experienced in Swedish advertising and marketing law. Ask for a compliance review covering claims, disclosures, pricing, data and cookies, sector rules, and local permit needs in Borgholm.

Apply for any required local permits for signage or use of public space early, especially during peak seasons when processing times can be longer.

Train your team and partners on disclosures, targeting limitations, and escalation procedures. Set up monitoring to respond quickly to consumer complaints or regulator inquiries.

Document your substantiation and approvals. Keep records of evidence, consent logs, and permit decisions in case of audits or challenges.

After launch, review performance and compliance, and adjust audience settings, disclosures, or placements as needed to remain within the rules.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.