Best Advertising and Marketing Lawyers in Elliniko

About Advertising and Marketing Law in Elliniko, Greece:

Advertising and marketing law in Elliniko, Greece is governed by a mix of Greek national law, European Union rules and industry self-regulation. Businesses and marketers operating in Elliniko must follow rules on truthful advertising, consumer protection, data protection, competition and sector-specific restrictions - for example for alcohol, tobacco, medicines, financial products and gambling. Many rules apply across Greece and the EU, while specific administrative bodies and courts in Athens and the Attica region handle enforcement, so local knowledge of Greek practice and administrative procedures is useful.

Why You May Need a Lawyer:

You may need a lawyer when advertising or marketing activities could trigger regulatory, contractual or liability risks. Common situations include:

• Allegations of misleading or deceptive advertising - including false claims about product performance, price or origin.
• Data protection and electronic marketing issues - consent for emails, SMS or targeted ads, cookie compliance and personal data processing under the GDPR.
• Influencer and endorsement campaigns - ensuring disclosures are correct and that contracts protect your interests.
• Comparative advertising or use of third-party trademarks - avoiding trademark infringement and unfair competition claims.
• Running competitions, lotteries or promotions - complying with specific rules for prize draws and sweepstakes.
• Sector-specific restrictions - regulated advertising for healthcare, financial services, alcohol, tobacco and gambling.
• Contract drafting and review - agreements with agencies, influencers, media owners and suppliers.
• Defending or pursuing enforcement actions - administrative fines, consumer complaints, cease-and-desist letters or civil suits.
• Reputational risk management - responding to competitor complaints or public enforcement actions.

A lawyer can advise on compliance before a campaign launches, draft or negotiate contracts, represent you before regulators or courts, and help limit financial and reputational exposure.

Local Laws Overview:

Key legal areas and rules that affect advertising and marketing in Elliniko include the following.

• Consumer protection - Greek law implements EU consumer protections, including prohibitions on unfair commercial practices and misleading advertising. Advertisements must be clear, accurate and not omit material information.
• Competition and unfair competition - Comparative advertising is allowed under conditions but can lead to disputes if it is misleading or denigrates competitors. The Hellenic Competition Commission enforces competition rules relating to advertising that distorts the market.
• Data protection and electronic marketing - The EU General Data Protection Regulation - GDPR - plus Greek data protection rules govern collection and processing of personal data for marketing. Separate rules govern electronic marketing under the ePrivacy framework, covering consent requirements for emails, SMS, telemarketing and cookies.
• Intellectual property - Trademark, copyright and personality rights limit use of third-party brands, creative works and images. Clearance and licensing are important for ads, music and artwork.
• Broadcast and media regulation - Television and radio advertising is subject to specific content rules enforced by national media regulators, especially for ads aimed at children or for restricted products.
• Sector-specific rules - Additional restrictions apply to advertising for medicines, medical devices, financial services, alcohol, tobacco, gambling and food-health claims. These rules can include mandatory disclaimers, age restrictions and registration or approval requirements.
• Promotions, lotteries and sweepstakes - Running a promotion may trigger administrative requirements such as official terms and conditions, registration with authorities and tax reporting on prizes.
• Administrative enforcement and civil remedies - Regulators can impose fines, order cessation of advertising and require corrective statements. Consumers and competitors may seek injunctive relief and damages in the civil courts.

Because many rules are shaped by EU directives and local administrative practice, compliance requires attention to both EU-level rules and Greek implementing legislation and regulatory guidance.

Frequently Asked Questions:

Do EU rules apply to advertising in Elliniko?

Yes. EU directives and regulations set minimum rules on consumer protection, data protection and unfair commercial practices. Greek law implements many of these rules, so advertisers must comply with both EU and Greek requirements. Local administrative practice and court decisions are also important.

Do I need consent to send marketing emails or SMS?

Yes. Under the ePrivacy framework and Greek law, marketing by electronic means generally requires prior consent from recipients, unless there is an existing customer relationship and specific conditions are met. Consent must be informed, specific and freely given. Data protection rules under the GDPR also apply to the processing of personal data for marketing.

Can I use an influencer to promote my product without legal risk?

Influencer campaigns are common but carry legal obligations. Influencers should clearly disclose sponsored content and any material connection to the advertiser. Contracts should specify the scope of the influencer's obligations, intellectual property rights, compliance with advertising rules and liability for unlawful statements. Advertisers can be held responsible for content they arrange or benefit from.

Is comparative advertising allowed in Greece?

Comparative advertising is permitted if it compares goods or services objectively, is not misleading, does not denigrate competitors, and compares similar products. Use of a competitor's trademark may be allowed when necessary for the comparison, but improper use can lead to trademark infringement or unfair competition claims. Legal advice is recommended before launching comparative campaigns.

What should I include in the terms and conditions of a promotion or competition?

Clear terms should cover eligibility, entry mechanics, start and end dates, prize details, winner selection, notification procedures, tax treatment of prizes, data handling, and dispute resolution. Certain promotions may need registration or prior approval from authorities. A lawyer can help draft terms that comply with Greek public order and consumer rules.

How do I handle a competitor complaint or a regulator inquiry about my ad?

Preserve all campaign materials, media buys and internal approvals. Promptly seek legal advice to evaluate the complaint and prepare a response. Depending on the issue, options include correcting the message, issuing clarifications, withdrawing the ad, negotiating with the complainant or defending the claim before the relevant regulatory body or court.

Can I make environmental or "green" claims about my products?

Environmental claims are permitted but must be truthful, substantiated and not misleading. Ambiguous or unqualified claims such as "eco-friendly" or "green" can be challenged unless supported by evidence. Specific rules on environmental claims may apply depending on the product and the claim made.

What are the penalties for unlawful advertising?

Penalties vary depending on the violation and may include administrative fines, orders to cease the ad, corrective advertising, confiscation of promotional materials and civil liability for damages. In some cases, particularly where criminal provisions are engaged, there may be criminal penalties. The amount and type of sanction depend on the law breached and the enforcing authority.

Do I need special approvals to advertise medicines, medical devices or financial products?

Yes. Regulated sectors often require compliance with strict rules and in some cases pre-approval or notification to the competent authority. Advertising prescription medicines to the general public is generally prohibited, and financial promotions must be fair, clear and not misleading, with specific disclosure requirements. Consult a specialist lawyer before advertising in a regulated sector.

How do I find a lawyer in Elliniko who understands advertising law?

Look for a lawyer or law firm based in Athens or Attica with experience in advertising, consumer law, data protection and media law. Ask about relevant experience, past cases, regulatory contacts, fee structure and whether they work with marketing agencies. A local lawyer will understand Greek administrative procedures and how EU law is applied in Greece.

Additional Resources:

When researching advertising and marketing legal issues in Greece, consider these types of resources and bodies that can provide guidance or enforcement:

• Hellenic Data Protection Authority - for data protection and electronic marketing issues under the GDPR.
• General Secretariat for Consumer Protection or national consumer authorities - for unfair commercial practices and consumer complaint procedures.
• Hellenic Competition Commission - for competition and unfair competition matters.
• National media and broadcasting regulators - for television and radio advertising rules and standards.
• Industry self-regulatory bodies and advertising trade associations - for voluntary codes of conduct and advertising codes that set practical standards.
• Local Bar Association - for referrals to attorneys licensed in Greece with relevant specializations.
• EU institutions and guidance - EU rules and enforcement practices are relevant for cross-border and online advertising.

These bodies provide guidance, handle complaints and can issue orders or sanctions. Consulting a lawyer will help you understand which authority is relevant to your particular issue.

Next Steps:

If you need legal assistance with advertising or marketing in Elliniko, follow these practical steps:

1. Gather documentation - collect the advertisement, scripts, creative files, contracts, targeting parameters, media schedules and any prior approvals or legal reviews.
2. Identify the risk - decide whether the issue is compliance, contract, intellectual property, data protection or sector-specific regulation.
3. Seek an initial consultation - contact a Greek lawyer experienced in advertising and marketing law. Ask about their experience with similar cases, likely outcomes and fees.
4. Request a written plan - a lawyer should provide a written scope of work, fee estimate and recommended next actions such as pre-launch review, regulatory notification, or defense strategy.
5. Act quickly on time-sensitive issues - some regulatory processes and tort remedies require prompt action to avoid escalation or preserve rights.
6. Consider mitigation - if a campaign is likely non-compliant, consider corrective steps such as revising claims, halting distribution, or issuing clarifications to reduce the risk of fines or litigation.
7. Maintain records and protocols - adopt internal review procedures, approval checklists, data-processing agreements and archiving practices to reduce future exposure.

Advertising and marketing in Elliniko operate within a detailed legal framework. Early legal involvement reduces the chance of costly enforcement actions and helps protect brand reputation. Always consult a qualified lawyer licensed in Greece for tailored legal advice.