Marketing Must Show Its Commercial Purpose

Important principle is that the marketing must clearly show its commercial purpose. An advertisement cannot be confused with the editorial text of a newspaper or other media. The observer, listener or reader of an advertisement must be able to recognize that it is an advertisement. It is e.g. prohibited to publish an advertisement that looks like an article. If there is a danger of confusion, the advertisement should clearly state “advertisement”. Advertisements must be clearly separated from the radio or television programs. The name of the advertiser has to be also clearly indicated. Drafting an advertisement in the form of an invoice, order form or contract is inappropriate.