CYPRUS Law and Practice Contributed by: Stelios Christophides and Vasilis Charalambous, George Z Georgiou & Associates LLC
vices Act bans targeted advertising towards minors based on profiling. Furthermore, under the Broadcast - ing Code of RDSA, there are many provisions aimed at regulating advertisements addressed to children including the time of advertisement, the products to be advertised, the expectations to be created through the advertisement, and testimonials. 3.3 Dark Patterns According to the Digital Services Act (DSA) which applies to all platforms since 17 February 2024, “Pro - viders of online platforms shall not design, organise, or operate their online interfaces in a way that deceives or manipulates the recipients of their service or in a way that otherwise materially distorts or impairs the ability of the recipients of their service to make free and informed decisions”. In addition to the DSA, there are other laws in the EU that may apply to Dark Patterns in advertising. For example, the GDPR mandates that the collection of data should be lawful, fair, and accurate. The CP Law 2021 prohibits unfair commercial practices, such as making false or misleading claims about a product or service. 3.4 Sponsor Identification and Branded Content It is recommended that the general rules and regu - lations regarding misleading advertising in Cyprus should be observed and influencers should disclose whether there is a material relationship with a brand or advertising agency. CARO has recently introduced guidelines for influencer marketing, making the land - scape more transparent and regulated for both influ - encers and consumers. 3.5 Special Rules for Native Advertising There are no special rules applicable to native adver - tising.
which permits identifying a competitor. We note that statements must not be misleading or defamatory for the products or services of a competitor. In addition, an advertisement must not create confusion between the products, trade marks, trade names, or other dis - tinguishing marks of the advertiser and a competitor. Products or services being compared must meet the same needs or be intended for the same purpose. A comparative advertisement must objectively com - pare one or more characteristics which are material, relevant, verifiable, and representative of the said products or services, and price can also be one of these characteristics. Finally, for products with des - ignation of origin, the advertisement must relate to products with the same designation. 4.2 Competitor Copyrights and Trade Marks According to the CP Law 2021, comparative adver - tising is permitted when the following conditions are met. • Comparative advertising is not misleading under the provisions of the CP Law 2021. • The advertisement compares goods or services that meet the same needs or have the same objec - tives. • The advertisement objectively compares one or more characteristics that are material, relevant, ascertainable, and representative of the goods and services in question, which may include price. Comparative advertising for specific products or ser - vices is not permitted when, in accordance with the provisions of any other Law, advertising for such prod - ucts or services is prohibited. Comparative advertising is also not permitted when advertising professional services may be prohibited or limited, in accordance with the provisions of any other Law. According to CARO’s Code, advertisements contain - ing comparisons are permitted only so long as they do not have the effect of defaming a competitor’s trade marks, trade names or other distinguishing marks. In general, and according to the same Code, advertise - ments must not make any unnecessary use of the name, initials, logo, and/or trade marks of another company, business, house, institution or organisation.
4. Comparative Advertising and Ambush Marketing 4.1 Specific Rules or Restrictions
In Cyprus, comparative advertising is permissible in accordance with the provisions of the CP Law 2021
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