- Content
Entry to the market in Poland implies that Ukrainian businessmen see great opportunities here, but in the meantime, they will have to comply with local rules, primarily legislative regulation in advertising. Being the European Union territory, it has developed as a highly stable legal environment when it comes to advertisement procedures as such aimed at the protection of customers and the combating of unfair business practices, the protection of commercial transparency, etc.
Key legislative acts
Advertising activities in Poland are regulated by a variety of most significant normative documents. First, among them are the Act “On Combating Unfair Competition” (Ustawa o zwalczaniu nieuczciwej konkurencji), the Act “On Radio and Television”, and provisions of the Civil Code and other industrial regulations. Also, Poland has an obligation to apply EU directives that directly affect the advertising legislation on the Internet, General Data Protection Regulation (GDPR), medication advertising, etc.
Conditions of a basic nature for advertising
Polish advertising must be honest, reliable and not deceptive to the consumer. Misleading or false information regarding a product or service, particularly regarding the price, quality or origin of the product, is not permitted. Comparative advertising denigrating the competitor is not permitted either.
Extra focus is put on advertisements of medical products, alcoholic beverages and tobacco. As an example, advertising of medications is permitted only if it was authorized by the respective bodies and does not create a false impression of efficiency of the product. When it comes to alcoholic beverages, advertising of beer is permitted, but under a range of restrictions (it is not allowed to connect with success, sexuality, sport). Advertising of hard liquor is mostly prohibited.
What is important for Ukrainian business to know
Foreign entrepreneurs planning to advertise their goods or services in Poland must take into account not only language, but also legal and cultural factors. All ads must be presented in Polish or at least contain an easily accessible translation. In addition, according to GDPR regulations, before using personal data for advertising campaigns (e.g., in mailings or targeted advertising), the user’s explicit consent must be obtained.
It should also be mentioned that Polish consumers are quite demanding in terms of advertising quality. Over-aggressiveness, intrusiveness or unethical content could be a reason for complaint, which will cause inspections and fines.
Conclusion
Ukrainian businesses that enter the Polish market need to be responsible in following advertising law. This will not only lower the risk of legal problems, but also increase the trust of Polish consumers. Proper knowledge of legal standards will help in the development of effective, ethical and legal advertising strategy in Poland.
Proper knowledge of legal standards will help in the development of effective, ethical and legal advertising strategy in Poland.