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B2B: Overseas Compliance

Jack Rogers May 17, 2022

PromoVeritas has helped run some of the world’s favourite promotions compliantly and securely since 2002. Emily Vickers, Paralegal at PromoVeritas, explains why running prize draws, competitions, and instant wins in other markets requires careful consideration.

Overseas Compliance – The Fundamentals    

Staying the right side of the laws and rules for running promotions is important not only to avoid court cases, fines, corporate or brand embarrassment but also to boost consumer confidence and participation in your promotion. There is no single unified approach to administering promotions around the world. Every country has its own rules, laws and cultural practices which can make running campaigns across different markets a legal minefield.

The Main Lookouts

At PromoVeritas we have experience of the rules, laws and best practices for most of the countries all over the world. Here are some areas, and examples to consider:

Specific Country Laws/codesIslamic law prohibits prize draws as a form of gamblingWinner SelectionMay require government involvement
CultureIn Hong Kong you cannot give away 4 of anythingData RestrictionsItaly requires data to be stored in Italy
HistoryCertain dates and events need to be avoidedPrizesValues or types of prizes may be outlawed
Public holidaysThese vary around the worldAuthorisationGovernment approval, admin or fees
PoliticsEnvironmental issuesRegistration feesCan be considerable
ChildrenAge of majority is not universalTaxesCan be as high as 40%

The most important thing to consider is that national laws and regulations differ enormously by market. For example within Europe, France and Germany are fairly lenient markets with not many rules to follow. Italy however, has a list of rules that need to be followed in order to run a compliant promotion, for example, registration of the promotion is required, no cross border promotions permitted and unawarded prizes must be given to a designated charity in the terms and conditions.

Whilst countries may be close in distance as we have seen above this does NOT mean that their rules and regulations are similar. Brands also need to be aware of taxes payable by either themselves or the winners as this can have a big impact on what they decide to use as prizes.

How to decide the best approach for your brand?

  • How risk averse is the brand?
  • How soon do you want to run the promotion?
  • What is the nature & value of the prizes on offer?
  • Are there plans for marketing in each country to support the promotion?
  • How big are your budgets?

How PromoVeritas can support you

If you want to run complicated cross-border or overseas promotions without the headache, our team of marketing, legal and operations experts are here to help.

  • Global promotional advice
  • Legal reviews for multi market promotions
  • Terms & Conditions, localised and translated
  • Overseas registrations and administration
  • Dedicated winner management
  • Global prize fulfiment

Get In Touch

For a chat about how we can help you with your promotions contact us now.

« Government restrictions on HFSS multibuy deals and advertising delayed for a year due to cost of living crisis. Royal Jubilee 2022 and the rules for marketers. »

Call us on 0203 325 6000 to find out how we can help your promotion

+44 (0)203 325 6000
info@promoveritas.com
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