CYPRUS Law and Practice Contributed by: Stelios Christophides and Vasilis Charalambous, George Z Georgiou & Associates LLC
1. Legal Framework and Regulatory Bodies 1.1 Primary Laws and Regulation Primary Law The Consumer Protection Law 2021 (“CP Law 2021”) outlines the rights of consumers in Cyprus. It states the framework for unlawful commercial practices, as well as misleading and comparative advertisements. This legislation harmonises the Cypriot national legis - lation with the corresponding EU legislation which is the primary source of advertising legislation. Industry-Specific Legislation/Self-Regulation In addition to the above, there is specific legislation which sets out provisions that are aimed at a certain product or means of communication. It should be not - ed that part of this specific legislation was enacted to implement EU law. There are various pieces of spe - cific legislation, but indicatively, such provisions are included in the following legislation. • Specific industry requirements for claims in relation to cosmetics are set out in the Law on Cosmetic Products (106 (I)/2001). • The advertisement of medicinal products is regu - lated by the Medicinal Products for Human Use Law 70 (I)/2001. • Food Law (Control and Sale) Law 54 (I)/1996). • The Real Estate Agents Law 71 (I)/2007 regulates who can advertise real estate property. • Protection of Health (Control of Smoking) Law 24 (I)/2007, prohibits the advertisement of tobacco products. • Secondary legislation, namely Order 449/2004 which implements Directive 2002/46/EC, provides that no person is allowed, without the prior permis - sion of the Director of the Public Health Service of the Ministry of Health, to publish any advertisement that is intended to promote food supplements in the consumer market. • Secondary legislation 02/2021, issued by the National Betting Authority and providing the Code of Practice in relation to the advertising of betting. The Broadcasting Code of the Radiotelevision and Digital Services Authority (RDSA) (refer to 1.2 Enforcement and Regulatory Authorities ), also secondary legislation, contains specific provi -
sions as to products and services that should not be advertised on radio or television, as well as products and services for which advertisement is allowed under conditions (eg, alcohol). Self-Regulation Additionally, there is an Advertising Ethics Code (“CARO’s Code”), published by the Cyprus Advertis - ing Regulation Organisation (CARO), Cyprus’ principal self-regulatory organisation, which, inter alia, includes guidance notes on the topics of alcohol, food, influ - encer marketing and advertising addressed to chil - dren. 1.2 Enforcement and Regulatory Authorities There are various regulatory authorities which oversee advertising practices depending on the industry sec - tor in which the trader is engaged. However, the main The primary authority tasked with overseeing unfair commercial practices, including but not limited to mis - leading advertising, is the Consumer Protection Ser - vice (CPS), a department within the Ministry of Energy, Commerce, and Industry. The CPS is responsible for ensuring adherence to the CP Law 2021, probing into business practices when prompted by a complaint or at its own discretion, and initiating legal actions against businesses. In cases where the CPS identifies violations of the applicable laws, it has the authority to take the following measures. • Order traders and third parties such as domain owners, internet service providers, and in gen - eral anyone hosting or reproducing the infringing content in any medium to remove content, restrict access to it, or place a written notice to consumers before accessing the content. • Apply for injunctive relief against infringing traders. • Impose administrative fines up to 5% of the annual turnover of the advertiser during the preceding year or up to EUR500,000. Radiotelevision and Digital Services Authority authorities are the following. Consumer Protection Service The Radiotelevision and Digital Services Authority, or RDSA, serves as the governing body responsible, inter alia, for overseeing the functioning of radio and
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