New law on digital advertising: clarity or chaos for influencers?
New law on digital advertising: clarity or chaos for influencers?
In the 9th meeting of the 15th National Assembly in Vietnam, the delegated Nguyen Tam Hung presented a draft law to change the advertising law. The aim of this design is to modernize advertising practice in the digital environment. The central component of the draft law is the regulations on cross-border advertising services and the responsibilities of companies in online advertising. Like Vietnam.vn reports, however, there are considerable concerns from the delegates.
Kausel 14, Article 1, which contains unclear identification factors for cross -border advertising services in Vietnam, is particularly critical. The delegates demand that specific criteria for these services are determined based on technical practices and the reception by consumers. In addition, Article 15a, paragraph 3, stated that influencers have to check the credibility of the advertisers and use their products themselves before the presentation. A clear definition and guideline for influencers in the digital space is also required.
responsibilities of providers
Another important point concerns the responsibilities of the providers of digital platforms. Clause 5, Article 23 describes this in detail, but places high demands on cross -border platforms that have no legal headquarters in Vietnam. Delegates suggest that these platforms should be obliged to name a legal representative in Vietnam. Furthermore, recommendations for clear technical standards for controlling advertising are made.
In Article 23, Paragraph 2, it is determined that advertising should offer a function for deactivation and rejection inappropriate ads, but the feedback mechanisms in this area remain unclear. A proposal for setting up a portal for reports on advertising violations in Vietnamese is discussed, which sets a maximum processing time of 72 hours.
Missing international coordination
Despite the proposed measures, however, there are no provisions on an international coordination mechanism to control cross -border advertising violations. Here, the need for a data exchange system and technical cooperation between the administrative authorities and the cross -border platforms becomes clear. This is a challenge, especially in a globalized environment, since every advertising hired on the Internet is considered cross -border. In this context, 2S-I> indicate that the global presence of internet advertising raises questions about responsibility.According to the "crime scene principle", every German court can be responsible for advertising, which is available in its district. However, this responsibility only applies if the advertising is aimed specifically at consumers or traders of the court district concerned. There is ambiguity in relation to the application of German material competition law, which only applies if advertising in the German market is relevant.
With regard to European law, the "market location principle" takes a back seat through the "country of origin principle". The EU directive on electronic business transactions stipulates that advertising is subject to the provisions of the state of origin. In this context, German competition law could soon no longer be applicable for foreign companies that work on the Internet.
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| Ort | Vietnam |
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