Black Friday Advertising: balancing marketing and legal compliance

At the end of November, discounts draw attention not only from consumers but also from regulatory authorities. Prices change quickly, and promotional messages are often drafted at the last minute. In such circumstances, risk management becomes just as important as sales performance.

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Below are the most common situations that raise questions for businesses regarding the alignment between marketing and legal requirements during Black Friday campaigns:

1. Justifying discounts (the 30-day rule) and “up to” claims

When announcing a price reduction, the discount must be based on the lowest price applied to the product in the last 30 days.

Example:
If the product cost €200 on October 30 and €250 on November 15, a 50% discount must be calculated from €200, not from the higher price.

This rule applies to both online and physical retail – price history is easily accessible to both consumers and competitors.

When advertising discounts “up to 50%”, businesses must ensure that at least one product is genuinely discounted by the full 50%. Otherwise, the claim may be considered misleading, as it creates an unjustified impression of higher discounts.

2. Comparative advertising

Comparative advertising is allowed only when the comparison is objective, verifiable, non-disparaging to competitors, and not misleading.
It is permissible to compare, for example, the price, ingredients, or features of Product A with a comparable Product B — but only when the products genuinely meet the same consumer needs or serve the same purpose.

It is prohibited to create the impression that a competitor’s product is inferior without factual substantiation, or to rely on assumptions that cannot be verified.

3. Communication and privacy

When sending promotional messages via email, SMS, or other electronic communication channels, you must ensure that recipients have provided valid and explicit consent to receive such marketing — or that the communication falls under a lawful exception.

It is also essential to verify that individuals have not previously opted out of marketing communications. Every message must provide a clear and simple opt-out option.

During campaign periods, when automated communication intensifies, it is crucial to carefully manage consent records, maintain accurate recipient segmentation, and avoid exceeding the scope of collected consent.

Fair and transparent campaigns are a hallmark of a strong business.
If e-commerce is not a hobby but a strategic part of your operations, it is worth reviewing your campaign plan through a legal lens.

Contact us:
📞 +370 664 42822 | 📩 info@prevence.legal

or reach out directly to Simonas Milašius: simonas.milasius@prevence.legal