CYPRUS Law and Practice Contributed by: Stelios Christophides and Vasilis Charalambous, George Z Georgiou & Associates LLC
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. 5.5.2 Advertiser Liability for Influencer Content The CP Law 2021 incorporates an extensive defini - tion of the word “trader” which includes: “... and any person acting on behalf of the trader”. While the appli - cability of this provision has yet to be tested by the Cypriot courts, it is possible that an influencer may fall within the ambit of this definition and, accordingly, liability may extend to the advertiser itself. Conse - quently, it is advised that advertisers should actively monitor their influencers and put in place the neces - sary contractual safeguards to limit their liability. 5.5.3 Consumer Reviews According to the CP Law 2021, it is crucial to dis - close if and how the trader guarantees that published reviews are from customers who have tried or pur - chased a product where the trader offers access to consumer product reviews. The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Cyprus Personal Data Law (Law 125 (I)/2018), which implemented certain provisions of the GDPR and repealed the Processing of Personal Data (Protection of Individuals) Law 138 (I)/2001, are the two main pieces of legislation that regulate personal data processing in Cyprus. Under the GDPR, an entity that uses direct marketing, and specifically email mar - keting methods, will first need a legal basis in order to proceed and process personal data. In this case, consent is the appropriate legal basis, while there are several exceptions determining whether the entity is permitted to send emails to customers without asking for their consent. e-Privacy Directive The Electronic Communications and Postal Services Law 112 (I) of 2004 (the “Privacy Communications Law”) implements the Directive on Privacy and Elec - 6. Privacy and Advertising 6.1 Email Marketing
tronic Communications (2002/58/EC) (as modified) in Cyprus. Email marketing, which is considered as a direct marketing method, is regulated under the Pri - vacy Communications Law and requires an opt-in consent before processing a data subject’s personal information. However, if the data subject’s information was collected during the provision of services in the past and the individual was given the ability to opt out, emails may be sent on an opt-out basis, as long as the marketing relates to similar products/services for which the data subject’s details were originally col - lected. The Cyprus Personal Data Commissioner may impose a fine for infringements of up to EUR20 million, or 4% of annual global turnover, whichever is greater. 6.2 Telemarketing Under the Radio and Television Broadcasting Stations Law of 1998 (as amended), which regulates telemar - keting activities, it is clearly stated that the transmis - sion of telemarketing messages is prohibited during children’s programmes. The sale of pharmaceutical drugs through telemarketing is also prohibited. In relation to the sale of alcoholic beverages through telemarketing methods, the Law stipulates, inter alia, that interested companies ensure that this should not be directed towards minors, should not depict minors consuming such beverages, should not encourage the excessive consumption of alcoholic beverages, and should not provide a negative impression of their abstinence from consumption or their measured con - sumption. A violation of the above provisions may result in a fine of EUR8,500 by the RDSA for every day that the violation takes place. According to the guidance published by the Cypriot Data Protection Commissioner, call centres can use the numbers listed in the telephone directories or ran - dom dialling of telephone-number systems, without the consent of the data subject, when this does not entail a promotional action for a specific product or other advertising purpose. This is not the case when the activities of call centres entail advertising, or when there is a need to store the personal information of
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