Competencia desleal y publicidad encubiertarecientes desarrollos en la regulación española y de la unión europea

Abstract

The paper analyzes the current legal regime of surreptitious advertising in Spanish and the European Union law. It examines the regulation of surreptitious advertising in Spain that is provided in general in the General Act on Advertising and the Unfair Competition Act after the reform operated by 29/2009 Act. A special mention should be made of the regulation of the surreptitious advertising in the last rules on audiovisual media services, mainly the Directive 2010/13/EU on Audiovisual Media Services, and the General Act 7/2010 on Audiovisual Media. The work deepens on the aspects that characterize the surreptitious advertising. It is also an object of study the regulation of the product placement, which was implemented through the Directive 2007/65/EC, and that is included in the current Directive 2010/13/EU. At the national level the regulation on product placement was incorporated as an important novelty in the General Audiovisual Media Act. The work also analyzes the requirements for the legality of the product placement required by these regulations, which is considered as a form of commercial communication. In a final section, the most recent Spanish judgments and resolutions on the subject are examined.