CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
The AIP – ie, another soft-law institution – has issued various documents targeting influencer campaigns, including the following. • The Influencer Code – requires influencers to clearly disclose paid or barter collaborations, adapt communication to their audience (especially minors), avoid misleading statements, and comply with advertising restrictions (eg, alcohol, gambling, cryptocurrencies). It also sets standards for politi - cal advertising, prohibits the dissemination of disin - formation, and obliges influencers and advertisers to correct violations identified by self-regulatory bodies. • Code of Conduct for using AI in influencer mar - keting – outlines an ethical code for using AI in influencer marketing, emphasising transparency, authenticity, respect for copyright, avoidance of deceptive content, accountability, and compliance with legal regulations. • Code of Conduct for Political Influencers – sets out an ethical code for political influencers, focusing on transparency in political collaborations, responsible audience targeting, fact-checking, disclosure of AI- generated content, conflicts of interest, archiving, and compliance with EU regulations. The AIP rules are only advisory and serve as a tem - plate to be adapted as appropriate by individual con - tent creators. 5.5.2 Advertiser Liability for Influencer Content In general, the advertiser and the advertising creator (in this case, the influencer) are jointly and severally liable for the content of the advertisement. However, the advertiser may be exempted from liability upon proving that the influencer deviated from the adver - tiser’s instructions when executing the advertisement. Therefore, it is necessary for the advertiser’s instruc - tions to be clear and in full compliance with the appli - cable regulations. 5.5.3 Consumer Reviews If a seller provides access to consumer reviews, ie, reviews of products or services made by other con - sumers, it is essential to disclose information on whether and how the seller ensures that the published consumer reviews come from consumers who have
actually used or purchased the product or service. Therefore, the advertiser may be held liable for con - sumer reviews and should monitor them accordingly. Failure to provide this information is a misleading omission and constitutes a misleading commercial practice. It is always a misleading commercial prac - tice for a seller to: • state that reviews of a product or service are from a consumer who has actually used or purchased the product without taking reasonable steps to verify that they are from such a consumer; • publish false consumer reviews/endorsements; • engage another person to provide such consumer reviews/endorsements; or • misrepresent consumer reviews/endorsements on social media in order to promote a product or service. Failure to comply with the prohibition on mislead - ing commercial practices may lead to a fine of up to EUR192,000. The e-mail marketing rules (referred to in Czech law as the electronic dissemination of commercial communi - cations) are primarily set out in the Information Soci - ety Act, which largely implements EU law. Under the Information Society Act, all forms of communication, including advertising and solicitation to visit websites, that are intended to directly or indirectly to promote the goods, services or image of a person’s business are considered commercial communications. Three specific rules apply with respect to e-mail mar - keting (dissemination of commercial communica - tions): • contact details may be used only where the recipi - ent has given their consent (in compliance with the GDPR); • if a (natural or legal) person obtains the contact details of a customer in connection with the sale of a product or service, in accordance with the 6. Privacy and Advertising 6.1 Email Marketing
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