Regulatory Watch: October Brief

Your October brief on promotions and contest law developments across markets

Q4 is always a busy period for brands as businesses ramp up their marketing efforts to capture holiday spending. It’s also the peak season for international promotions, draws, and brand activations, but brands must always ensure international sweepstakes compliance when running campaigns.

This is crucial for brands that operate across borders, as regulations vary from one country to another, with regulators periodically releasing updates. Before launching your campaign, ensure you meet the sweepstakes and contest requirements of all the regions you are targeting.

We usually keep a close eye on the regulatory industry, and we’ve summarized October’s key promotions and contest law developments.

Spain: new Advertising Code for Influencers

Spain has had an influencer advertising code since 2020, but the AEA, AUTOCONTROL, and IAB Spain have updated it. The new version came into effect on October 1, 2025, and it brings significant changes to how brands can collaborate with influencers in contests and promotions.

A broader definition of “Advertising”

The previous iteration of the code of conduct qualified an advert if the brand exercised editorial control over the post or content. Now, any form of commercial intention or compensation is enough to make a post an advert.

Compensation has also been broadened beyond payment. It now includes product gifts, experiences, event tickets, and services offered by brands to influencers.

Clearer advert disclosures

You can no longer use vague hashtags like #gifted in promotions or hide the label under multiple hashtags. Even #ad alone isn’t enough, and you need to use Spanish to ensure all Spanish participants are aware. The specified standards are “Publicidad” or “Colaboración Pagada,” and they need to be at the beginning of a post, video, or story.

Shared responsibility

Now, the onus is no longer on the content creator. Brands and legal teams have been included so they can be held jointly and severally responsible for non-compliance.

Apart from these, the contract must clearly specify the scope of the collaboration. Influencers who are minors but between the ages of 14 and 18 years must also sign the contract.

EU: EDPB Guidance on DSA-GDPR Interplay

In September, the European Data Protection Board (EDPB) adopted crucial Guidelines (3/2025), which clarify how the Digital Services Act (DSA) interacts with the General Data Protection Regulation (GDPR).

Crucially, this update states that the DSA doesn’t provide any exemptions from the GDPR, so all brands and services operating under the regulation must still ensure full GDPR compliance.

There’s also an update on the use of “dark patterns,” which are deceptive designs that manipulate users. The EDPB clarified that this ban falls under the GDPR’s principles of fairness and transparency, not the DSA. An example is making the “Opt-in” button brightly colored while hiding the “Opt-out” button in tiny text.

Ensuring compliance in International promotions

These October legal updates highlight that international sweepstakes compliance is always a moving target, not a checkbox. If you are looking to launch a contest or sweepstakes, it’s important to navigate legal compliance carefully.

Clearly understand what the laws in specific countries demand of you. Even in the EU, don’t assume blanket laws. Each country still has its own contest, sweepstakes, and advertising guidelines.
Be transparent from the start. List the entry criteria, prize guidelines, and data you’ll collect (and how you’ll use it). It’s a key part of international sweepstakes compliance.
Right from the start, engage your legal and marketing teams. Together, analyze the agency you want to use, the influencers (if any), and the sweepstakes platform.

Keeping these fundamentals in place will help make your promotions easier to run and less vulnerable to regulatory issues.

Planning to launch an international sweepstakes or contest?

Promosfera can guide you through all the legal requirements in your target market. We’ve run thousands of promotions in 85+ countries, so you can be assured of our expertise and experience in both compliance and ensuring that a campaign brings the expected results. Get in touch!