For more than fifteen years, Audens has been advising agencies, advertisers and media so that their campaigns (whether traditional or digital) stand out not only for their creativity, but also for their legal soundness. We specialise in advertising and marketing law, and we work alongside industry professionals to ensure their ideas are translated into actions that are both lawful and safe.
We know that timing is critical in advertising, which is why we adapt to the pace of the sector: we deliver clear, agile answers in plain language. Our team is equally at ease with acronyms and metrics as with contracts and regulations, so that legal decisions become part of the brand strategy, protecting reputation, budget and return on investment.
Advertising clearance
We review copy, artwork and scripts; confirm licences for images, music and fonts; and verify compliance with regulations on unfair competition, minors and regulated sectors.
Contracts and negotiation
We draft and negotiate both creative and media contracts, including agreements with agencies, brands and media owners, as well as formats such as branded content, sponsorships or digital signage.
Prize draws and competitions
We design the most appropriate mechanics for each promotion, draft the terms and conditions, manage notarial filings and oversee prize taxation and data protection for participants.
Advertising self-regulation
We advise on obtaining favourable opinions from Autocontrol, prepare submissions and observations to its reports and, where disputes arise, represent the brand before the Advertising Jury.
Withdrawal of creatives
We react quickly in crisis scenarios, representing either the advertiser or competitors. We coordinate the adaptation or withdrawal of creatives and carefully manage each step to safeguard the brand’s reputation.
Key experience
We represented a lift manufacturer in a claim for non-payment relating to an advertising campaign. We proved the agency’s breaches and argued that the contract had been validly terminated on that basis. We obtained a favourable final judgment at first and second instance, with costs awarded against the claimant.
We provide ongoing advice to a company specialising in promotional sampling of products in public spaces and shopping centres. Our work covers location negotiations, contracts with advertisers, the design of campaigns involving regulated products, drafting of terms and conditions, licensing and more.
We advised a household appliance brand on a promotion with daily draws over several weeks and a major final prize. We analysed tax treatment according to the value of each prize, drafted the legal terms, designed the data protection strategy and conducted the draws at our offices, producing electronic records to ensure their traceability and authenticity.
We advised a chain of audiology clinics that had received negative reports from Autocontrol concerning several TV spots. We argued that the ads promoted audiology services rather than specific medical devices, and that no particular hearing aid models were shown on screen. The opinions were subsequently revised, allowing the campaigns to go ahead.
