EACA Members’ Exchange Hub

Welcome to the EACA Members’ Exchange Hub!

At EACA we believe in the power of shared knowledge and collective intelligence. As a core value of our association, we are thrilled to introduce the Members’ Exchange Hub, an exclusive space dedicated to fostering collaboration, sharing industry insights, and gathering valuable input from peers across Europe.

The Members’ Exchange Hub is designed to be a dynamic platform where EACA members can ask questions, seek advice, and share best practices with fellow professionals from different countries. Whether you’re looking for innovative solutions, new perspectives, or simply want to stay updated on industry trends, this hub is your go-to resource for connecting with the collective wisdom of our community.

⚖️ Regulation

Many advertisers are facing how other brands get the spotlight of a big event without being the sponsor. Are there any regulations regarding ambush marketing?

• UK (IPA): Ambush marketing is not strictly condemned in the UK; there is a level of flexibility that allows for creative sports promotion without necessarily infringing on the rights of major event sponsors.
• Portugal (APAP): Portugal lacks specific regulations for ambush marketing during the Olympics, but there are established protocols for major sports events like the Euro, guided by agreements with organisations such as the Portuguese Soccer Federation.
• Romania (UAPR): There are no dedicated ambush marketing laws in Romania; however, copyright laws address unauthorized use of protected symbols and logos, which can be relevant in such cases.
• Belgium (ACC): Belgium does not have specific regulations addressing ambush marketing; instead, general advertising laws are applied to manage related issues.
• Denmark (KreaKom): Denmark does not have special laws or codes specifically targeting ambush marketing, but general advertising regulations cover the most egregious cases of such practices.
• Czech Republic (AKA): In the Czech Republic, ambush marketing can be addressed through the advertising self-regulation body, and there are specific guidelines for the use of Olympic symbols that companies must follow.
• Slovakia (KRAS): Slovakia does not have explicit regulations on ambush marketing; however, any related complaints are evaluated under general advertising laws and practices.

Which are the newest regulations regarding alcohol communications?

• Latvia (LRA): Latvia’s current alcohol advertising regulations mandate that ads must include warnings about the negative effects of alcohol and the prohibition on selling to minors, with at least 10% of the ad space dedicated to such information. New amendments under discussion could impose further restrictions on price and promotional advertising, and require similar warning texts at retail outlets starting June 1, 2024.
• Romania (UAPR): Romania follows self-regulatory standards developed by industry associations for beer and spirits, which are often stricter than the legal requirements and ensure responsible communication practices.
• Ireland (IAPI): In Ireland, the advertising of alcohol is strictly regulated by the CopyClear body, which requires all ads to include “Drink Responsibly” messaging and provides comprehensive guidelines for alcohol advertising practices.
• Slovenia (SOZ): Slovenia’s regulation on alcohol advertising falls under the “Act on the Health Suitability of Food and Products,” which includes rules on permissible advertising content and media.
• United Kingdom (IPA): In the UK, alcohol advertising is regulated by the CAP and BCAP Codes, which do not mandate a specific responsible drinking statement. Many brands voluntarily include “Drink Responsibly” messages, often using the Drinkaware logo, though this is not a legal requirement.
• France (AACC): France’s Evin Law, established in 1989, regulates alcohol advertising by restricting content and media, and requires mandatory information to prevent dangerous use, as detailed in the French Public Health Code.
• Czech Republic (AKA): The Czech Republic does not have specific regulations for alcohol advertising; such regulations are primarily applicable to tobacco products.
• Italy (UNACOM): Italy does not have regulations mandating specific responsible drinking messages in alcohol advertising.
• Portugal (APAP): Portugal lacks formal regulations for alcohol advertising, but the industry has a long-standing self-regulatory practice of including the message “Seja responsável. Beba com moderação” (“Be responsible. Drink with moderation”) in all ads. SRO is the organisation in charge of this issue.
• Greece (EDEE): In Greece, alcohol advertising is governed by self-regulation with a focus on the “Drink Responsibly” message, supported by collaboration between industry bodies and the Ministry of Health.
• Slovakia (AMASK): Slovakia does not have specific legal requirements for alcohol advertising disclosures, but a common practice among producers is to include a “Drink wisely, from 18 years of age only” message, typically occupying 10% of ad space.
• Bulgaria (BACA): In Bulgaria, alcohol advertising is regulated under the Health Act and Radio and Television Act, with industry codes like the Responsible Marketing Communications Code promoting responsible consumption messages without specific requirements on the percentage of ad space.
• Denmark (KreaKom): Denmark does not have specific regulations for alcohol advertising but enforces general rules prohibiting alcohol marketing to minors and ensuring that such advertising does not promote excessive consumption or misleading benefits. The Danish Alcohol Advertising Board provides additional guidelines for responsible marketing.

Is it common that the IP rights for ideas are transferred for no additional cost to the brands? If not, is there common practice on how the transfer is rewarded? Are there best practices or frameworks to value IP rights in your country?

• Portugal (APAP): Yes, IP rights are often the first thing agencies surrender when negotiating contracts. However, APAP recommends agencies push for “licensing during the contract period” rather than a full transfer. Ethical guidelines should support this approach. APAP suggests that international committees like the IAC and MAC work on universal regulations for global brands to make it easier for local agencies to adopt these standards.
• Latvia (LRA): Yes, it is still common to transfer IP rights for no additional cost, but agencies are increasingly using licensing agreements that define usage by time (e.g., 1 year), territory (e.g., Latvia), and scope. For example:
  • A 1-year license extension typically costs 10-15% of the original fee.
  • Agencies and clients negotiate if additional territories are added.
  • Latvia’s Copyright Law provides moral and economic rights to authors, making certain rights non-transferable (e.g., the right to prohibit transformations). Education on copyright law is ongoing to improve industry standards. Licensing practices from film and music industries are also applied, such as “Buy out” remuneration for performers and strict music copyright rules.
• Turkey (RD): Yes, Turkey has been working on IP rights for creative agencies in recent years. Efforts are being made to bring this issue to the government, particularly under the Ministry of Tourism, which addresses IP rights in the creative industries. RD recommends global collaboration through the IAC to standardise practices.
• Italy (UNACOM): Ideas, per se, are not subject to protection under our legal framework; however, their tangible expression can be. In the context of marketing agencies and advertising campaigns, when such ideas are manifested in original works that exhibit sufficient creative and expressive completeness, is applicable the copyright-law protection. Furthermore, with respect to the recognition of remuneration, is also applicable the provision governing fair compensation. Therefore, technically, there are no IP rights only for the idea.
  • The more common adopted commercial practice in these cases is for the company or brand wishing to use an agency’s work to acquire the commercial rights through a one-time transaction, allowing them to use the work without limitations for an indefinite period.
  • It is not possible to identify any established best practices in Italy regarding this matter. Similar initiatives have, in the past, been challenged in administrative proceedings by the Italian Antitrust Authority.

Would you have any information on legislation or guidelines regarding the labelling of retouched images and films in your market?

• Norway (Kreativt Forum): Yes, as of 2022, Norway requires a standardized label on all advertising where body shape, size, or skin is altered through retouching or manipulation. The guideline specifies how labelling must be applied and includes detailed instructions. For more information, see the official guidelines: Norwegian Consumer Authority’s Guideline. Currently, there is ongoing discussion about how AI-generated photos should be managed under these regulations.
• Italy (UNACOM): No, there are no known guidelines or legislation of this kind in Italy.
• Ireland (IAPI): No, there are no specific guidelines or legislation on this topic in Ireland. Further research is planned to confirm if additional insights are available.

Are you aware of similar systems existing in your respective countries, with clear criteria and registries for state advertising?

• Greece (EDEE): Yes, Greece has a registry for online media managed by the government’s Secretariat for Communications and Media. This system ensures transparency by requiring all media used in public domain campaigns to be registered. Non-registered media cannot receive state advertising. The registry is designed to ensure that state advertising, funded by Greek taxpayers or EU funds, is transparent and legitimate. Details about the registry can be found here: Certified Enterprises Registry.
• Portugal (APAP): Yes, all public entities are required to report their advertising investments to the Portuguese regulator. More details are available in the regulator’s press release: ERC Press Release (Portuguese).
• Denmark (KreaKom): No, Denmark has not yet implemented this provision. However, it is part of the legislative programme for the coming parliamentary year. A bill on the topic is expected to be presented in February 2025, with the Danish Radio and Television Board likely to oversee its implementation. More details: Legislative Programme.
• Slovakia (AMA): No, Slovakia has no specific system addressing state advertising transparency. A central online register for all state-related contracts exists but does not fully meet the expectations of the European Media Freedom Act’s Article 25.
• Poland (SAR): No such regulation exists in Poland.

Have you updated your Advertising Codes in the past two years? What changes have you implemented, and in which areas?

• Italy (UNACOM): Yes, the Italian Advertising Code, issued by IAP (the Italian representative of EASA), is a self-regulatory agreement among investors, agencies, and media. It is constantly updated, with the first edition dating back to 1966 and the latest (70th edition) released in 2023. Recent updates primarily address digital advertising and influencers. The latest edition is available online: Italian Advertising Code.
• Slovakia (AMASK): No significant changes to the general advertising code, but a new Influencer Codex was introduced in 2022. This codex sets guidelines for influencer marketing practices. More information: Influencer Marketing Codex.

Do you have any regulations, self-regulatory codes, or guidelines for influencer marketing in your country?

• Poland (SAR): Yes, Poland has both regulations and self-regulations:
  • Regulation: Influencers must tag or mark advertising content on social media. Details: Influencer Marketing Guidelines.
  • Self-regulation: Workshops and self-regulatory resources are available: Influencer Marketing Platform.
    SAR is also working with IAA Poland and IAB Poland to develop brand safety guidelines for influencer marketing, focusing on inappropriate influencer behaviour. These guidelines will include recommendations for agencies and advertisers and are expected to be published in November.
• Portugal (APAP): Yes, the Portuguese SRO has developed a comprehensive guide on advertising with influencers. This document offers numerous recommendations and is available in Portuguese: Marketing de Influência Guide.
• Slovakia (AMASK): Yes, the Influencer Marketing Code platform, founded by ADMA and IAB Slovakia, promotes ethical and responsible practices in influencer marketing.
  • It emphasises transparency, honesty, and respect, requiring clear labelling of sponsored content.
  • Quarterly monitoring ensures compliance, and results are used to improve practices.
  • More information is available on the platform’s Slovak-only website: Influencer Marketing Code.
• Greece (EDEE): Yes, EDEE’s SRO recently introduced an Influencer Marketing appendix to its self-regulation Code, based on EASA guidelines.
  • A best practice guide was also launched to alert stakeholders to key attention points in influencer marketing, inspired by ISBA’s UK guidelines.
  • The SRO is working towards certifying influencers, following the French example.
• Italy (UNACOM): Yes, a new regulation for influencer marketing has been agreed upon among market participants and will take effect on October 1st.
• The Netherlands (VIA): Yes, the “Certified by Influencerregels.com” initiative ensures influencers understand and comply with influencer marketing regulations, especially around disclosing paid collaborations.
  • Certified influencers are listed in a public register and monitored for compliance.
  • The initiative promotes transparency, trust, and professionalism in the industry.
• Slovenia (SOZ): Yes, Slovenia has an Advertising Court that evaluates cases based on a whitepaper launched several years ago. Although the court lacks executive power, its rulings are widely respected.
• Sweden (KOMM): Yes, Sweden applies the ICC Code, which provides clear rules for influencer marketing:
  • Sponsored content must be clearly identified.
  • Marketing to children and young people has extra requirements to ensure honesty and responsibility.
  • Sweden’s self-regulatory body, the Advertising Ombudsman, oversees compliance: Advertising Ombudsman.
• Croatia (HURA): No explicit influencer marketing regulations exist, but general electronic media rules apply.
  • IAB Croatia is working on a self-regulatory document based on the Dutch self-regulation model for social media advertising.
• Ireland (IAPI): Yes, Ireland’s Advertising Standards Authority has issued guidance on influencer marketing.
• Denmark (KreaKom): Yes, Denmark has guidelines from the Consumer Ombudsman regarding influencers: Consumer Ombudsman Guidelines.
  • The Danish Marketing Act includes rules for protecting children and young people from inappropriate marketing, as well as additional restrictions on unsuitable products.
  • Denmark is developing a federation to organise influencers and establish guidelines exceeding legal requirements.
• Luxembourg (Mediation): No regulations or self-regulatory codes exist for influencer marketing in Luxembourg.

Many countries are grappling with challenges around the use of contractors versus employees. In Slovakia, where the government has announced plans to increase inspections and impose fines on businesses using contractors. Have other countries faced similar situations regarding government pressure to convert contractors into employees? How have agencies managed such changes?

• Latvia (LRA): The issue of contractors is significant in Latvia. Some agencies minimise employee numbers to reduce costs and rely heavily on contractors, which creates unfair competition for agencies that employ full-time staff and pay full social taxes.
  • Contractors often optimise taxes, either as self-employed individuals or as sole owners of one-member companies.
  • The State Revenue Service encourages employment contracts to ensure proper tax contributions.
  • Employment contracts differ from contractor agreements in that they focus on ongoing work under employer orders, while contractor agreements are task/result-based.
• Portugal (APAP): Portugal faces similar pressure to convert contractors into employees.
  • A strict law defines clear rules for distinguishing contractors from employees.
  • The goal is to provide stability and social benefits to “false contractors” and increase tax revenue for the state.
• Czech Republic (AKA): The Czech advertising industry also has a high number of freelancers.
  • AKA is conducting research on this issue and maintains that not all advertising roles can be full-time employment due to the nature of the work and diverse client demands.
  • European Freelance Industry Overview.
• United Kingdom (IPA): In the UK, no rules prevent hiring freelancers, but there is legislation like TUPE (Transfer of Undertakings Protection of Employment) requiring employees working predominantly on a transferred account to move with the business.
  • Agencies are encouraged to understand off-payroll working rules under IR35 to determine contractor tax status: Understanding Off-Payroll Working.
• Ireland (IAPI): The Revenue Commissioners issued new guidance in May 2024 outlining factors to determine employment status for tax purposes.
  • Agencies should review their arrangements with contractors to ensure compliance.
  • Agencies are encouraged to familiarise themselves with this guidance:

💼 Industry Events

Which countries have experience organising a post-Cannes event?

• Ireland (IAPI): Every year, we host a popular morning seminar called “Cannes-alysis” after Cannes, featuring Irish Cannes Jury members, CMOs, Agency CDs, and big Irish winners showcasing their work. In 2024, we are jointly hosting it with The Marketing Society, whose President is the Head of Marketing for Heineken, a major award winner. The event, attended by approximately 200-250 people, is nominally priced but has the potential to be a revenue-generating activity.
• Poland (SAR): We organise two key events annually (except during Covid times): 1) a Discussion Panel focusing on important Cannes topics or trends, inviting jury members and winners to share their experiences; 2) Imagination, a one-day conference featuring international guests, often including Cannes Lions speakers.
• Belgium (ACC): We have hosted “St-Canneke” for more than ten years, a Cannes-themed event at the beach of St-Anneke, Antwerp, every Thursday after Cannes. We invite Belgian Jury members and YoungDogs to present the latest trends and their favorite campaigns.

🔍 Pitching

According to your Pitch Guide Principles, do you recommend that competing agencies’ identities should be disclosed by the advertiser to the other participating agencies?

• Romania (Cheid Centrade): Yes.
• France (AACC): Yes.
• Slovenia (SOZ): Yes.
• Poland (SAR): Yes, we should know who we compete with. This information is an important checkpoint proving the pitch is serious. At the very least, disclose the number of participants. Additionally, with ESG/ad net zero concerns, minimising CO2 multiplied by the number of participants is important.
• Denmark (KreaKom): Yes.
• Croatia (HURA): Yes.
• Ireland (IAPI): Yes.
• Belgium (ACC): Yes.
• Luxembourg (Markom): Yes, disclosing agencies helps assess the client’s maturity and strategic direction. It often shows whether the pitch is genuine or not.
• Portugal (APAP): Yes, it is powerful information that controls the number of participants and defines the type of agency they are looking for.
• Italy (UNACOM): Yes, but this is frequently bypassed by companies afraid that agencies might make agreements among themselves.
• France (UDECAM): Yes, but caution is needed. While this was once a recommended best practice, the French Competition Authority flagged it as potentially anti-competitive.
• UK (IPA): Yes, identifying competing agencies demonstrates openness and transparency.
• Bulgaria (BACA): Yes, advertisers are recommended to disclose competing agencies and whether the incumbent agency is involved. However, advertisers commonly refuse this practice.
• Finland (Marketing Finland): No, to avoid price agreements. Disclose only the number of participants and whether the in-house agency is pitching.
• Latvia (LRA): No.
• The Netherlands (VIA): No, to prevent price agreements, but we advise disclosing the number of participants and if the in-house agency is participating.

Are there any other methods or practices of selecting agencies in European countries apart from traditional pitches?

• Poland (SAR): Yes, selection processes can be based on a ‘strategic task’ and a chemistry meeting. Clients send selected agencies a brief outlining current business goals and challenges, a strategic task (historical or hypothetical), and a request for a price list or quotation. During individual meetings, agencies present their response to the brief, their team, pricing, and any internal tools, processes, and know-how. This process allows clients to assess the agency’s thinking, problem-solving, and overall competence.
• Ireland (IAPI): Yes, methods are varied. Insights from the 2023 Census reveal how new business is won (see page 28 of the report: Census Report 2023). Additional guidelines for Media & Creative pitching are available: IAPI Pitching Guides.
• Greece (EDEE): No, there are no real alternatives to traditional pitches. Multinational companies set rigid procurement standards focused on preventing corruption and reducing costs. Exceptions may occur with owner-run businesses assigning work directly, but this is rare.
• Portugal (APAP): No, pitching is standard practice, even for smaller projects. Occasionally, a project may be assigned to an agency as an evaluation for potential future selection.
• UK (IPA): No, the question does not apply, as the focus remains exclusively on the UK market.
• Romania (UAPR): No, most clients select and contract agencies through pitches. In very rare cases, clients with multiple brands may assign additional work directly to one of their roster agencies without a pitch.
• Italy (UNACOM): No, alternative practices have been sporadically used but do not play a significant role in agency selection.

📺 Media

Is there an agency commission in your country (i.e. a deduction of a % of the rate card price) if there is an ad/media agency involved? If yes, what is the range of that %? Is there any year-end bonus to ad/media agencies from the media providers? A year-end bonus is defined as an additional sum for the overall annual commercial partnership of an agency with the media provider. If yes, what is the % range of the year-end bonus?

• Latvia (LRA):
  • Yes, for the services that agencies provide, including planning, scheduling, and payment management. In media, advance payments are required for campaigns, but payments occur after campaigns if an agency is used for media buying.
  • The range largely varies depending on the media. For platforms like Google/GDN and Meta, there is no media commission.
  • Yes, this is subject to negotiation.
  • The percentage varies in a range of a few %.
• Luxembourg (Mediation/Markom):
  • Yes, depending on the media, it may vary.
  • Most media align to 15%, but audiovisual (AV) media is typically 10%.
  • AV media provides a year-end bonus instead of a commission during the year.
  • The bonus depends on turnover and ranges between 5% and 10%.
• France (UDECAM):
  • Marginally, as only two sales houses retain agency commissions in their general sales conditions. The market is under pressure to remove this practice, and 100% of the agency commission is returned to advertisers by agencies.
  • 15%.
  • This practice is also disappearing (known as “cumul de mandats” in France). Less than ten sales houses still offer this. Year-end bonuses are returned to advertisers by agencies.
  • The remaining bonuses are around 1% to 2%.
• Bulgaria (BACA):
  • Yes.
  • 5% to 15%.
  • Yes.
  • 1% to 5%.
• France (AACC):
  • No. For ad agencies, there are no incentives for media buying due to the Sapin law, which prohibits media providers from paying commissions to agencies. Agencies act “in the name and on behalf” of advertisers, who receive the invoice to avoid conflicts of interest.
• Portugal (APAP):
  • Paid by the media: No.
  • Yes.
  • Negotiated per medium, based on the client, total spend, and share. The estimated range (no study available) is 15% to 20%.
• Greece (EDEE):
  • No.
  • Yes.
  • By law, agencies are entitled to a year-end bonus of up to 9.9%, paid by media (only TV, Radio, and Print). This is calculated annually based on agency spend for all clients. Bonuses are not transferable to advertisers. Digital media and outdoor agreements are not regulated by law.
• Croatia (HURA):
  • No agency commission in Croatia.
  • Not applicable.
  • Yes, media owners assign a year-end kickback called AVB (Agency Volume Bonus).
  • 2% to 10%.

Do you have similar processes involving an industry committee (like Belgium’s CIM, the organisation that oversees Belgian media audience measurements) in your country?

• Greece (EDEE): Yes, Greece has a joint industry body for auditing Nielsen TV measurement. This body includes the advertising association, the advertisers’ association, and the research companies. National TV broadcasters are also involved, and audits are assigned to third-party experts. Costs are shared among broadcasters and the three associations.
• Italy (UNACOM): Yes, media agencies contribute a small fee to major JICs (Joint Industry Committees) for TV and digital media measurement.
• Czech Republic (ASMEA): Yes, media agencies pay as regular members of JICs for market research, such as TV measurement.
• Luxembourg (Mediation): Yes, the association has an agreement with Nielsen, and agencies with interest pay a fixed annual fee.
• Portugal (APAP): Yes, media agencies contribute around 18% of the total cost to the JIC for TV audience studies, with the remainder funded by TV channels. This arrangement allows agencies partial ownership and technical control over audience measurement. A contract with GFK covers surveys, measurements, and data reporting, with agency contributions split based on agreements.
• Ireland (IAPI): Yes, media owners and agencies contribute to TV and radio measurement bodies.
• Romania (UAPR): Yes, media agencies, TV stations, or any party interested in TV audience data pay an annual fee to the association coordinating the measurement process conducted by Kantar.
• France (UDECAM): Yes, media agencies pay for access to all media audience measurements, with TV data being among the most expensive.
• Finland (Marketing Finland): Yes, there are two media measurement organisations funded by media agencies:
  • MediaAuditFinland (covers newspapers, magazines, online, outdoor, and exhibitions).
  • FinnPanel (covers radio).
• Croatia (HURA): Yes, a JIC called UMTG manages TV audience measurement. It was established by major TV stations in collaboration with HURA, and members contribute financially through membership fees.
• Slovakia (AMA): No, Slovakia has a unique model for TV data. The media agency association co-founded a limited company responsible for telemetric research financing alongside TV stations. Most other market data are commercially provided.
• Switzerland (Leading Swiss Agencies): No, Switzerland lacks an independent organisation like a JIC. Matters are coordinated by the LSA industry association, which influences media research in collaboration with advertisers.
• Denmark (KreaKom): No, Denmark no longer has an oversight board. Previously, there was a body for controlling newspaper and magazine circulation, but it closed in 2015.
• The Netherlands (VIA): No, VIA does not pay for measurement. Instead, the PMA (Platform Media Adviesbureaus) funds JICs and NMO.

🏆 Best Practices

Pro bono exchanges refer to agencies providing their services free of charge or at a significantly reduced cost. Do you have any best practice guidelines for pro bono engagements (i.e. advice for pro bono clients on how to engage with agencies, what is appropriate in a pro bono engagement and what is too much, guidance for agencies on managing expectations, etc.)?

• Ireland (IAPI): No, there are no guidelines for pro bono engagements in Ireland.
• Slovakia (AMA): No, Slovakia does not have guidelines for pro bono work.
• Portugal (APAP): No, Portugal has no specific guidelines for pro bono engagements.
• Denmark (KreaKom): No, there are no known organisations or guidelines for pro bono engagements in Denmark.

For any inquiries, please reach out to laure.jolibois@eaca.eu.