In Egypt, advertising practices are governed by a combination of laws, regulations and ethical considerations aimed at ensuring fairness, transparency and respect for cultural values. As of September 2021, several key legal provisions play a crucial role in shaping advertising practices within the country.

Consumer Protection Law No 67 of 2006

This law serves as a cornerstone for safeguarding consumer rights and regulating advertising practices. It mandates that advertising should be accurate, truthful and devoid of any misleading information that could deceive consumers regarding the nature, quality or attributes of products or services.

Law No 35 of 2004 Concerning Competition Protection and Combating Monopolistic Practices

Designed to foster healthy competition and prevent deceptive practices in the market, this law contains provisions that pertain to false advertising and unfair competition. It emphasises the prohibition of practices that could mislead consumers or unfairly advantage one business over another.

Law No 10 of 2009 Concerning the Regulation of the Press and Other Media

This comprehensive legislation extends its reach to advertising practices on various media platforms, encompassing print, radio, television and online outlets. It establishes a framework that governs the content, placement and timing of advertisements, ensuring that they align with legal and ethical standards.

Civil Code Article 5

Article 5 of the Civil Code plays a pivotal role in shaping advertising practices by emphasising the principle of the lawful exercise of rights. It highlights that the exercise of a right becomes unlawful if it solely aims to harm another individual, if the benefit sought outweighs the harm inflicted on another party or if the desired benefit is itself unlawful. This provision underscores the importance of responsible and ethical advertising that does not infringe upon the rights of others.

Decree No 220 of 1976 (the “Decree”)

The Decree holds significance for its censorship of various acts and topics within artistic works, including advertisements. The Decree’s censorship framework regulates the content and messaging of advertisements, ensuring they align with cultural norms, ethical considerations and legal guidelines. This underscores the commitment to preserving the cultural fabric of the society in advertising content.

Islamic Principles

In a predominantly Muslim country like Egypt, advertising content should also respect Islamic values and principles. This consideration adds an additional layer to advertising practices, as advertisements must avoid any content that contradicts or disrespects these religious tenets.

While these laws and regulations provide a comprehensive framework for advertising practices, self-regulatory bodies like the Egyptian Advertising Association (EAA) also play a role in promoting ethical advertising and addressing disputes related to advertising content.

Consumer Protection Agency (CPA)

Scope

The CPA is tasked with enforcing consumer protection laws, including those related to advertising. It investigates complaints and reports regarding false or misleading advertising practices that might harm consumers.

Authority

The CPA has the authority to initiate investigations into alleged violations, request information from businesses and take appropriate actions against violators.

Remedies

The remedies available to the CPA include issuing warnings, fines or penalties to businesses found to be engaging in deceptive advertising practices. The agency can also order corrective actions to rectify misleading advertisements and protect consumer interests.

Ministry of Trade and Industry (the “Ministry”)

Scope

The Ministry is responsible for overseeing various aspects of trade and commerce, which includes advertising practices. While it might not directly enforce advertising regulations, it can issue guidelines, regulations and policies related to advertising standards and consumer protection.

Authority

The Ministry’s authority lies in setting guidelines and regulations that businesses must adhere to in their advertising efforts. It might collaborate with other regulatory bodies to ensure compliance.

Remedies

The Ministry’s remedies can include issuing guidelines and directives to businesses, which might include specific instructions on how to conduct advertising campaigns in accordance with the law.

EAA

Scope

The EAA is a self-regulatory body that promotes ethical advertising practices and resolves disputes related to advertising content among its members.

Authority

The EAA’s authority is generally limited to its member organisations and industry participants who voluntarily adhere to its codes of practice and ethical guidelines.

Remedies

The EAA can offer guidance on ethical advertising practices, provide a platform for dispute resolution and potentially impose sanctions or penalties on members who violate its codes of conduct.

Courts and Legal System

Scope

The Egyptian legal system, including courts, plays a role in enforcing advertising laws and regulations. Businesses and individuals can seek legal recourse if they believe they have been harmed by false or misleading advertising.

Authority

Courts have the authority to adjudicate cases involving advertising violations, award damages to affected parties and issue injunctions to prevent further deceptive advertising.

Remedies

Remedies available through the legal system can include monetary damages, injunctions and court orders for corrective actions. Legal proceedings provide a formal mechanism for individuals and businesses to seek redress for advertising-related grievances.

In Egypt, the scope of persons or entities that can be held liable for deceptive advertising encompasses a range of individuals and organisations involved in the creation, distribution and publication of advertisements.

Businesses and Advertisers

Scope

Businesses and advertisers who create and initiate advertising campaigns can be held liable for deceptive advertising. This includes both the content and the intent behind the advertisements.

Reason

Advertisers have a primary responsibility to ensure that their advertising content is accurate, truthful and does not mislead consumers regarding the nature, quality or characteristics of the products or services being promoted.

Agencies and Marketing Firms

Scope

Advertising agencies, marketing firms and creative agencies that collaborate on developing advertising content can also be held liable if they contribute to, or are aware of, deceptive elements within the advertisements.

Reason

These entities play a significant role in shaping the message and presentation of advertisements. If they are aware of, or actively participate in, deceptive practices, they can be held responsible for their role in promoting misleading content.

Media Outlets and Publishers

Scope

Media outlets, including television, radio stations, print publications and online platforms, can be held liable for deceptive advertising if they knowingly publish or broadcast misleading advertisements.

Reason

Media outlets have a duty to ensure the accuracy and legality of the content they disseminate. If they fail to exercise due diligence and knowingly allow deceptive advertisements to be published, they could face liability.

Endorsers and Testimonial Providers

Scope

Individuals or entities that provide endorsements, testimonials or product reviews as part of an advertisement can be held liable if their statements are false or misleading.

Reason

Endorsements and testimonials are powerful tools used in advertising, but they must accurately reflect the opinions and experiences of the endorsers. If these endorsements are fabricated or exaggerated, the endorsers could face liability.

Regulatory and Self-Regulatory Bodies

Scope

Regulatory authorities and self-regulatory bodies that oversee advertising practices may also hold parties accountable for deceptive advertising.

Reason

These bodies are responsible for upholding advertising standards and ensuring compliance with laws and regulations. They may investigate complaints, issue warnings and impose penalties on individuals and entities engaged in deceptive advertising.

Legal Entities Involved in the Supply Chain

Scope

Suppliers, manufacturers, distributors and retailers of products or services being advertised could also potentially be held liable for deceptive advertising if they are found to be complicit in misleading consumers.

Reason

If these entities are aware of, or actively contribute to, deceptive advertising practices, they could be held responsible for their role in promoting false or misleading information.

The term “advertising” in Egypt generally refers to a broad range of communications that promote or market products, services or ideas to the public. This includes various forms of media and platforms. While the scope of what constitutes advertising can evolve, some types of communications that are typically considered to fall within the realm of advertising in Egypt are discussed in the following.

Print Advertisements

Advertisements published in newspapers, magazines, brochures, flyers and other printed materials to promote products, services or events.

Broadcast Advertisements

Advertising messages aired on radio and television, including commercials, infomercials and sponsorship messages.

Online Advertisements

Promotional content displayed on websites, social media platforms, search engines and other online spaces. This includes banner ads, pop-up ads, social media posts and sponsored content.

Outdoor Advertisements

Advertisements displayed in public spaces, such as billboards, posters, banners and transit advertisements on buses, trams and trains.

Direct Mail Advertisements

Promotional materials sent directly to individuals or businesses through physical mail, including catalogues, brochures and promotional letters.

Point of Sale (POS) Advertisements

Promotional displays and materials placed at retail locations, supermarkets and stores to attract customers to specific products or brands.

Cinema Advertisements

Advertisements shown before or during movie screenings in cinemas to target captive audiences.

Product Placement

Integrating products or brands into movies, TV shows or other media content in a way that promotes them without being a traditional advertisement.

Sponsorship Messages

Promotional messages associated with events, conferences, sports tournaments and other gatherings, often displaying brand logos and names.

Celebrity Endorsements

When public figures, celebrities or influencers promote products or services through their personal platforms or appearances.

Mobile Marketing

Advertising messages delivered via mobile devices, including SMS marketing, app-based ads and push notifications.

Telemarketing

Marketing and promotional messages delivered over the phone to potential customers.

In Egypt, certain pre-approvals must be obtained from government authorities before running advertising, especially for specific products and services. Some instances where pre-approvals are necessary follow.

Health Products and Pharmaceuticals

Advertising for drugs, cosmetics and related products requires a permit number issued by the Ministry of Health. This ensures that the products being advertised have been approved for sale and consumption within Egypt.

Food and Beverages

Advertising for food and beverages also requires a permit number provided by the Ministry of Trade and Supply. This helps to ensure that the products meet regulatory standards and are safe for consumption.

Alcoholic Beverages

While advertising for alcoholic beverages is prohibited on national TV, national radio and most print media, specific requirements and permissions might be required if there are any exceptions or if the advertising is done in permissible venues.

It is important to note that the specific requirements and authorities for obtaining pre-approvals might vary depending on the nature of the product or service being advertised and any changes in regulations that may have occurred recently. Businesses and advertisers are strongly advised to consult relevant government agencies, legal experts or industry associations to ensure that they have the necessary pre-approvals before running advertising campaigns, especially for regulated products or sensitive topics.

As the regulatory landscape can change, staying informed about the latest legal requirements is crucial to avoid potential issues with non-compliance.

There are special rules governing the use of intellectual property (IP) and an individual’s name, picture, voice or likeness in advertising in Egypt. These rules are designed to protect the rights and interests of individuals and owners of IP. Here are some important considerations.

Use of IP

Trade marks

Before using any trade marks in advertising, it is essential to ensure that one has the right to use them. Proof of trade mark ownership is often required by media outlets before they approve advertisements. The unauthorised use of trade marks can lead to legal actions for trade mark infringement.

Copyrighted material

If an advertisement includes copyrighted material such as music, images or videos, it is generally necessary to obtain the necessary licences or permissions from the copyright owners. Unauthorised use can lead to copyright infringement claims.

Use of an Individual's Name, Picture, Voice or Likeness

Right of publicity and privacy

Using an individual’s name, picture, voice or likeness in advertising without their permission can infringe on their right of publicity and privacy. In Egypt, as in many jurisdictions, individuals have the right to control the commercial use of their identity.

Permission and release

Before using an individual’s identity in advertising, one typically needs to obtain their written consent. This consent is often formalised through a release or authorisation agreement, which outlines the specific ways in which their identity will be used.

Sensitive and Religious Imagery

Religious sensitivities

As mentioned elsewhere, the use of religious imagery or statements in adverts is a sensitive topic in Egypt. Care must be taken to ensure that any use of religious elements is respectful and compliant with regulations.

Cultural considerations

Given the cultural and religious context of Egypt, advertisements should avoid using religious imagery or statements in a way that could be deemed disrespectful or offensive.

IP and IP Laws

IP rights

In cases where IP rights are involved, it is crucial to understand and adhere to Egypt’s IP laws to avoid legal issues.

IP infringement

The unauthorised use of IP in advertising can result in legal actions for infringement, leading to potential penalties and damages.

There is a self-regulatory authority in Egypt that governs advertising practices.

EAA

Scope of authority

The EAA is a self-regulatory body dedicated to promoting ethical advertising practices and ensuring compliance with industry standards. It works to uphold the integrity of advertising content and protect consumer interests.

Process

The EAA establishes codes of conduct and ethical guidelines that its member organisations voluntarily agree to follow. It monitors advertisements to ensure they adhere to these standards and investigates complaints from both consumers and businesses.

Remedies

In cases of non-compliance, the EAA can take various actions, including issuing warnings, requesting modifications to advertisements and imposing penalties on its member organisations. The severity of remedies can vary based on the nature and severity of the violation. The EAA’s primary goal is to maintain ethical advertising practices and resolve disputes in a way that benefits both consumers and advertisers.

Consumers in Egypt have a private right of action available to challenge advertising practices that they believe are deceptive, misleading or violate their rights. Consumers can take legal action against businesses or advertisers through the court system to seek remedies for the harm they have suffered due to false or misleading advertising. Some key points to consider regarding the private right of action for consumers follow.

Causes of Action

Deceptive advertising

Consumers can bring a legal case if they believe that an advertisement has deceived them by providing false or misleading information about a product or service.

Violation of consumer protection laws

Consumers can challenge advertising practices that violate consumer protection laws and regulations. This could include instances where businesses engage in unfair competition, false advertising or other practices that harm consumers.

Remedies

Compensation

If a consumer successfully proves their case, they may be entitled to monetary compensation for any financial losses they incurred due to the deceptive advertising. This could include reimbursement for the cost of purchasing the misrepresented product or service.

Injunctions

Consumers can seek court orders to stop the business from engaging in the deceptive advertising practices. This could prevent further harm to other consumers.

Damages

In cases of proven harm, consumers might be awarded damages to compensate for any emotional distress or non-economic losses they experienced due to the deceptive advertising.

Public apology or rectification

In some cases, the court might require the business to issue a public apology or corrective statement to rectify the false or misleading information previously provided through the advertising.

Legal/Regulatory Trends

Digital advertising and online misinformation

With the rise of digital advertising and online platforms, there has been a growing focus on combating misleading or false information in online advertisements.

Consumer protection and privacy laws

Egypt has been strengthening its consumer protection and data privacy laws to address deceptive advertising practices, ensuring that consumers are adequately informed and that their personal data is handled responsibly.

Advertisers in Egypt should be mindful of special cultural and religious sensitivities when creating and running advertising campaigns. Egypt has a rich cultural and religious heritage, and certain topics and imagery should be approached with respect and awareness of local customs. Here are some key considerations.

Religious and Cultural Sensitivities

Egypt is a predominantly Muslim country, and Islamic values and practices are deeply ingrained in the society. Advertisers should be cautious about using imagery or content that might be considered disrespectful to religious beliefs. it is necessary to:

• avoid using religious symbols or figures in a way that could be perceived as commercialising or trivialising them; and
• respect local customs, traditions and social norms in advertising content to avoid inadvertently offending the audience.

Modesty and Decency

Advertisers should be sensitive to the cultural norms of modesty and decency and avoid using overly suggestive or explicit content, especially in public spaces. Clothing and portrayals of individuals in advertisements should adhere to local standards of modesty.

Language and Communication Styles

Appropriate and respectful language should be used in advertising content, avoiding offensive or overly colloquial language that might not resonate well with the audience. It is also important to understand local dialects and communication styles to effectively connect with the target audience.

Family Values and Community

Family is a cornerstone of Egyptian society. Advertising that promotes family values and a sense of community can resonate well with the audience. Social connections, community events and activities that bring families together should be emphasised.

Sensitivity to Socio-Political Issues

Given Egypt’s political history and ongoing events, advertisers should avoid content that could be perceived as politically biased or insensitive to current socio-political issues.

Humour and Cultural References

Humour can be effective in advertising, but it is important to ensure that jokes and cultural references are culturally appropriate and do not offend the audience.

Localisation of Content

Advertising messages should be tailored to the local context, localising language, images and cultural references to resonate with Egyptian audiences.

Avoid Stereotyping

Stereotypes that could perpetuate biases or reinforce negative perceptions should be avoided. Adapting advertising campaigns to the cultural context of Egypt is essential for building positive brand perceptions and effectively engaging with the target audience.

There have been no recent changes to the political climate or political administration in Egypt that have impacted the regulation of advertising and/or enforcement of advertising regulations.

In Egypt, the standards that apply to determine whether advertising claims are deceptive or misleading are generally based on consumer protection laws, regulations and ethical principles. The key standards and criteria that are often used to assess the deceptive or misleading nature of advertising claims follow.

Accuracy and Truthfulness

Advertisers are expected to ensure that their claims are accurate, truthful and not likely to mislead consumers. Claims should be supported by reliable evidence, data or research.

Clear and Unambiguous Language

Advertisements should use clear and unambiguous language that leaves no room for confusion or misinterpretation, avoiding language that could be misleading, vague or open to multiple interpretations.

Comparison and Substantiation

If an advertisement includes a comparison between products or services, the basis of the comparison should be clear and supported by valid evidence. Claims that a product is superior to others should be substantiated.

Omission of Material Information

Advertisers should not omit material information that could affect a consumer’s purchasing decision. Important details about the product’s features, limitations, risks or costs should be disclosed.

Exaggeration and Hyperbole

While advertisers are allowed to use exaggeration or hyperbole to make their products or services more appealing, such statements should not go so far as to mislead or deceive consumers about the actual qualities or benefits of the product.

Promises and Guarantees

Advertisers should be cautious when making promises, guarantees or claims about specific outcomes. Any such claims should be accurate and capable of being fulfilled.

Scientific and Technical Claims

If an advertisement includes scientific or technical claims, they should be backed by valid scientific evidence. Claims about health benefits, performance, efficacy and safety should be supported by credible data.

Testimonials and Endorsements

Testimonials and endorsements should accurately reflect the experiences of the individuals providing them. Advertisers should not use fabricated or misleading testimonials to promote their products.

Clarity on Pricing and Offers

Any pricing information or special offers should be presented clearly and accurately. Hidden fees, conditions or limitations should be disclosed.

Cultural and Religious Sensitivities

Advertisers should be sensitive to cultural and religious norms in Egypt to avoid using content that might be deemed offensive or inappropriate.

Self-Regulatory Guidelines

The EAA, a self-regulatory body, may also set guidelines and standards for advertising content to ensure ethical practices are followed.

In addition to these general standards, specific laws, regulations and codes of conduct may apply to certain industries or types of products, such as pharmaceuticals, health-related products and financial services.

Not all advertising claims are subject to the same level of regulation, but there are general principles that apply to both express and implied claims in advertising. While exceptions and requirements can vary based on the jurisdiction and the nature of the claims, some general insights regarding the regulation of different types of advertising claims follow.

Express Claims

Express claims are explicit statements made in advertising that directly communicate a product’s features, benefits or qualities. These claims are typically subject to regulatory oversight and must be accurate, truthful and substantiated by evidence.

Implied Claims

Implied claims are messages or suggestions that are conveyed indirectly through the content, imagery or presentation of an advertisement. These claims can be just as powerful as express claims and are also subject to regulation.

Substantiation Requirements

Both express and implied claims must be substantiated by evidence. Advertisers are generally required to have a reasonable basis for any claims they make. The level of substantiation required can vary based on the nature of the claim. Claims that make specific representations about a products’ performance, efficacy or benefits typically require empirical evidence to support them.

Objective Measurability

Claims that cannot be objectively measured or verified may be subject to stricter regulation. Claims that rely on subjective opinions or personal experiences may be viewed with scepticism by regulators if they are presented in a way that could mislead consumers.

Comparative Claims

Comparative claims, where a product is compared to others, must be accurate and based on reliable evidence. These claims often require objective measurements and clear explanations of the basis of the comparison.

Consumer Protection and Transparency

The overarching goal of regulations related to advertising claims is to protect consumers from misleading or deceptive information. Transparency, accuracy and honesty in advertising are key principles.

In Egypt, like in many jurisdictions, advertising claims are subject to regulation to ensure they are accurate, truthful and not misleading to consumers. Both express and implied claims can be subject to regulatory oversight, and there are general principles that apply to the substantiation of these claims. However, specific requirements, exceptions and enforcement mechanisms can vary. The following are some considerations regarding the regulation of advertising claims in Egypt.

Express Claims

Express claims, which are direct and explicit statements about a product’s qualities or benefits, are generally regulated in Egypt. These claims must be supported by evidence and should not be deceptive or misleading.

Implied Claims

Implied claims, even though not directly stated, can still be subject to regulation if they are likely to mislead consumers. Advertisers should consider the overall message conveyed by their advertising content.

Substantiation Requirements

Both express and implied claims may require substantiation, meaning advertisers need to have reasonable evidence to support their claims. The level of evidence required can vary based on the nature of the claim.

Objective Measurability

Claims that cannot be objectively measured may require more careful scrutiny. If a claim relies heavily on subjective opinions or personal experiences, regulators may be more cautious about its accuracy and potential to mislead.

Empirical Evidence for Implied Claims

While empirical evidence might not always be explicitly required for implied claims, regulators may still expect advertisers to have a reasonable basis for the claims they imply. Advertisers should ensure that implied claims are not misleading and are substantiated to a reasonable extent.

Exceptions and Industry-Specific Regulations

Some claims, especially those related to health, pharmaceuticals and certain regulated industries, may have specific requirements and exceptions due to the critical nature of the subject matter.

In Egypt, product demonstrations in advertising are generally subject to regulations that ensure accuracy, truthfulness and transparency. The standards for using product demonstrations in advertising are intended to prevent deceptive or misleading practices and to ensure that consumers are provided with accurate information about the products being promoted. Some key standards that typically apply to the use of product demonstrations in advertising follow.

Accuracy and Truthfulness

Product demonstrations must accurately represent the capabilities, features and benefits of the product being advertised. Any claims made during the demonstration should be truthful and supported by evidence.

Clear Presentation

The demonstration should be presented in a clear and understandable manner. Visuals and explanations should not confuse or mislead viewers.

Realistic Depiction

Demonstrations should depict the product’s actual performance under normal and reasonable conditions. Overly enhanced or exaggerated demonstrations that do not reflect real-world usage can be considered deceptive.

Non-misleading Representations

Advertisers should avoid selectively presenting only positive aspects of the product while omitting important limitations or shortcomings. The demonstration should give consumers a fair and balanced understanding of the product.

Transparency and Disclosure

If any special effects, editing or enhancements are used in the demonstration, these should be disclosed to viewers. Consumers should be made aware of any modifications that could affect the accuracy of the demonstration.

Product Availability

Demonstrations should accurately reflect the product’s availability and accessibility. If the demonstrated product has unique features that are not available in all models or versions, this should be disclosed.

Safety Considerations

If the demonstration involves potentially dangerous activities or situations, advertisers should provide clear warnings and disclaimers to ensure viewer safety.

Fair Comparisons

If the demonstration involves comparing the advertiser’s product to a competitor’s product, the comparison should be fair, accurate and based on valid criteria.

Regulated Industries

In industries such as health, pharmaceuticals and food, there might be additional regulations governing the use of product demonstrations to ensure consumer safety and compliance with industry standards.

Advertisers should ensure that product demonstrations are conducted with integrity and adhere to these standards to avoid potential legal or regulatory issues.

In Egypt, endorsements and testimonials in advertising are subject to standards that ensure transparency, accuracy and honesty. These standards are designed to prevent deceptive or misleading practices and to provide consumers with reliable information about products or services. Here are some key standards that typically apply to the use of endorsements and testimonials in advertising:

Disclosure of Material Connections

Advertisers should disclose any material connections or relationships between the endorser/testimonial giver and the advertiser. This includes any compensation, gifts or benefits received in exchange for providing the endorsement or testimonial.

Truthfulness and Accuracy

Endorsements and testimonials must accurately represent the endorser’s actual experience and opinion. False or exaggerated claims should be avoided.

Representative Experience

Testimonials should reflect the typical experience of consumers who use the product or service. If the testimonial is an exceptional case, this should be disclosed.

Professional Expertise

If an endorser’s credibility is based on professional expertise, qualifications or credentials, those should be accurate and verifiable.

Consent and Authorisation

Advertisers should obtain explicit consent from endorsers/testimonial givers to use their name, image, likeness or words in advertising. Misrepresenting that an individual has provided an endorsement is not allowed.

Product Attributes and Benefits

Endorsements and testimonials should focus on real experiences related to the product’s attributes, benefits and features. Claims about the product’s performance or effectiveness should be supported by evidence.

Comparative Claims

Endorsements and testimonials should not be used to make unfair or misleading comparisons with competing products.

Regulated Industries

In industries such as health, pharmaceuticals and financial services, there might be specific regulations governing the use of endorsements and testimonials to ensure consumer protection and compliance with industry standards.

Respect for Cultural Norms

Advertisers should be sensitive to cultural norms and values in Egypt, ensuring that endorsements and testimonials do not offend or go against social and cultural expectations.

In Egypt, the use of disclosures in advertising is governed by general rules aimed at ensuring transparency, accuracy and consumer protection. Disclosures are essential for providing consumers with important information that can influence their purchasing decisions. Some general rules that typically apply to the use of disclosures in advertising in Egypt follow.

Clear and Conspicuous

Disclosures should be clear, easily understandable and conspicuous. They should not be hidden, minimised or obscured in any way. Consumers should be able to notice and comprehend the information without difficulty.

Placement and Proximity

Disclosures should be placed in close proximity to the relevant claim or representation to which they relate. Consumers should not have to search for or infer the connection between the disclosure and the claim.

Size and Readability

Disclosures should be presented in a size, font and format that are easily readable. They should be legible and accessible to the average consumer.

Language and Clarity

Disclosures should use clear and straightforward language that consumers can understand. Technical jargon or complex terminology should be avoided.

Prominence

Important disclosures that could impact consumer decisions should be given sufficient prominence. For example, disclosures related to health risks or financial implications should not be buried in fine print.

Consumer’s Perspective

Disclosures should consider the perspective of the average consumer. They should address information that a reasonable consumer would need to make an informed decision.

Material Information

Disclosures should cover material information that could influence a consumer’s decision to purchase the product or service. This includes details about pricing, terms, conditions, limitations, risks and other significant factors.

Use of Symbols or Icons

In some cases, visual symbols or icons can be used to convey information quickly. However, these symbols should be widely recognised and understood by consumers.

Consistency

Disclosures should be consistent across different advertisements and platforms. Consumers should receive consistent and accurate information regardless of where they encounter the advertisement.

Regulated Industries

Certain industries, such as pharmaceuticals, health products and financial services, may have specific disclosure requirements due to the sensitive nature of the products or services.

Cultural Sensitivities

Advertisers should be sensitive to cultural norms in Egypt to ensure that disclosures do not conflict with local values and expectations.

There are no specific laws or regulations in Egypt that explicitly address stereotyping in advertising or the promotion of inclusion, diversity and equity in the context of advertising. However, it is important to note that societal attitudes and expectations can influence advertising practices, and businesses are encouraged to adhere to ethical and responsible advertising practices.

In recent years, there has been a global trend toward promoting more inclusive and diverse representations in advertising to reflect the diverse audiences that products and services serve. While there is no access to real-time information, it is possible that developments in this area may occur subsequent to the publication of this article.

To obtain the most up-to-date information regarding any recent guidance, cases or initiatives related to stereotyping, inclusion, diversity and equity in advertising in Egypt, consulting official government sources and industry publications, and seeking advice from experts familiar with the current advertising landscape in the country, is recommended.

Egypt does not have laws or regulations that specifically address environmental claims in advertisements or “greenwashing” practices. However, consumer protection laws and general advertising regulations still apply to ensure that environmental claims are accurate, truthful and not misleading to consumers.

There are no specific laws or regulations in Egypt that specifically address “dark patterns” in advertising. Dark patterns refer to user interface design practices that manipulate or deceive users into taking actions they may not intend to take, often for the benefit of the advertiser.

While there may not be explicit laws or regulations targeting dark patterns, general consumer protection laws and regulations in Egypt still apply to ensure that advertising practices are fair, transparent and not misleading to consumers. These laws may encompass practices that aim to deceive or manipulate consumers, even if the term “dark patterns” is not explicitly mentioned.

Egypt does not have specific laws or regulations exclusively dedicated to advertising to children. However, general consumer protection laws, advertising regulations and ethical considerations apply to advertising practices targeting children, with the goal of ensuring that children are not misled or exploited by advertising content.

Advertisers are encouraged to exercise responsible and ethical practices when advertising to children, taking into consideration their vulnerability and inability to fully comprehend advertising messages. International guidelines and best practices related to advertising to children, such as those provided by organisations like the International Chamber of Commerce (ICC), can also serve as valuable references.

Egypt does not have specific laws or regulations that explicitly address sponsor identification or branded content in advertising. However, the principles of transparency, accuracy and consumer protection generally apply to all advertising practices, including sponsor identification and branded content.

In the absence of specific rules, advertisers are encouraged to adopt ethical and transparent practices when it comes to sponsor identification and branded content. This includes clearly disclosing any financial or commercial relationships between the advertiser and the content creator or sponsor, ensuring that viewers or readers are aware that the content is promotional in nature.

There are certain types of claims in advertising, such as natural claims, country of origin claims and claims related to free offers, that may be subject to specific rules or regulations in Egypt.

Natural Claims

Natural claims in advertising refer to assertions that a product is made from natural ingredients or materials. These claims may be subject to regulation to prevent deceptive or misleading practices. Advertisers should ensure that natural claims are accurate and substantiated by evidence.

Country of Origin Claims

Country of origin claims indicate the geographical origin of a product. In some cases, these claims can influence consumers’ purchasing decisions. Regulations might require accurate and truthful country of origin information to prevent misrepresentation.

“Free” Claims

Claims of free offers, such as “buy one, get one free”, are subject to regulations to ensure that consumers are not misled by the promotion. The terms and conditions of the offer should be clearly stated, and any limitations or requirements should be disclosed.

Comparative advertising in Egypt should be accurate, fair and based on objective criteria. Disparagement of competitors is discouraged, and claims should be substantiated with credible evidence. Clear disclosure of the basis of comparison is required. For the most current information, consult official sources and industry experts.

In Egypt, advertisers are generally permitted to use the name of a competitor, a competitor’s trade mark or a competitor’s packaging in comparative advertising. However, such usage should adhere to principles of accuracy, fairness and transparency. Comparative advertising should not involve false claims, disparagement or misleading information. Claims made about competitors should be based on valid and objective criteria and should not deceive consumers. Advertisers should ensure they comply with regulations and ethical practices to maintain transparency and fairness.

Advertisers in Egypt can challenge claims made by competitors through various methods to ensure fair and accurate advertising practices. While specific procedures may vary, here is a general outline of how challenges can be made and the potential remedies available.

Methods of Challenge

Direct communication

Advertisers can directly communicate with their competitors to address concerns about potentially false or misleading claims. This informal approach may lead to resolution without involving regulatory authorities.

Self-regulatory bodies

In some cases, advertisers can escalate their concerns to self-regulatory bodies like the EAA. These organisations often have mechanisms in place to mediate disputes and ensure compliance with advertising standards.

Legal action

If informal methods are not successful, advertisers can seek legal recourse through courts. Legal action might be taken if claims are considered false, misleading or damaging to a competitor’s business.

Remedies

Correction or withdrawal

If a claim is found to be inaccurate or misleading, the competitor might be required to correct or withdraw the claim.

Compensation

In some cases, a competitor may seek compensation for damages incurred due to false or misleading claims made by a rival.

Injunctions

Courts might issue injunctions to prohibit further dissemination of false or misleading claims until the dispute is resolved.

Public apology

A competitor found to have made false claims may be required to issue a public apology to rectify the damage caused.

Egypt does not have specific laws or regulations dedicated exclusively to ambush marketing. “Ambush marketing” refers to the practice of companies attempting to associate themselves with a major event, such as a sports competition, without being an official sponsor. However, general principles of fair competition, IP rights and consumer protection would apply to combat deceptive practices associated with ambush marketing.

In Egypt, advertising online or via social media is subject to certain rules and regulations, which include both general principles from existing laws and specific guidelines set forth by the Supreme Council for Media Regulation (SCMR). These regulations aim to ensure that advertising content is truthful, not misleading and adheres to ethical standards. While some regulations are derived from broader media and advertising laws, others are tailored to the unique characteristics of online and social media platforms. Some key points to consider follow.

General Advertising Principles

Advertising, regardless of the medium, is governed by the principles of honesty, truthfulness and fairness. Advertisers are expected to avoid deceptive practices and ensure that their claims are backed by evidence when necessary.

SCMR Guidelines

The SCMR provides guidelines specifically for digital advertising. Advertisers are required to adhere to these guidelines when creating and disseminating content on online platforms. The SCMR’s guidelines emphasise that advertising should not infringe upon individual rights, incite discrimination or violate public morals.

Clear Disclosure

Advertisers are required to clearly disclose when content is promotional in nature. This is particularly important on online and social media platforms where the distinction between advertising and regular content might not be as clear. Influencers and content creators working with brands are expected to disclose their partnerships with appropriate tags or labels, such as #ad or #sponsored.

Protection of Minors

Special care should be taken when advertising products or services that may target or appeal to minors. Advertisements should not exploit the lack of experience of minors or portray minors engaging in unsafe or inappropriate behaviour.

Prohibited Content

Advertisements that promote illegal activities, discrimination, hate speech or violence are strictly prohibited. Additionally, advertisements should not make false claims or engage in any form of misleading advertising.

Accuracy of Claims

Advertisers are expected to have proper evidence to support any claims made in their advertisements. This includes claims related to the product’s benefits, features and performance.

IP

Advertisements must respect IP rights, including trade marks and copyrights. Unauthorised use of trade marks or copyrighted material is not permitted.

Social Media Endorsements

If an advertisement features endorsements or testimonials from individuals, these endorsements must be genuine and accurate. Content creators and influencers are responsible for ensuring that their endorsements are based on their actual experiences with the product or service.

Health and Safety Claims

Special rules may apply to advertisements for products or services related to health, safety, or well-being. Such claims should be supported by credible evidence and not mislead consumers.

Enforcement

The SCMR has the authority to monitor and regulate online and social media advertising. Violations of advertising regulations can result in penalties, fines or the removal of content.

In Egypt, there can be liability for advertisers for content posted by others on the advertiser’s site or social media channels. Advertisers are generally responsible for the content that appears on their platforms, including user-generated content and comments. While liability can vary based on the specific circumstances and content, several legal principles and regulations can come into play.

Defamation and Libel

Advertisers can be held liable for defamatory or libellous statements made by others on their platforms. If a user posts false statements that harm the reputation of individuals or entities, the advertiser could potentially be held responsible for allowing such content to be published.

Copyright Infringement

Advertisers could be liable for copyright infringement if users post copyrighted material (such as images, videos or text) without authorisation. Platforms should have mechanisms in place to address copyright violations promptly.

Hate Speech and Discrimination

Advertisers have a responsibility to prevent hate speech, discriminatory content or content that incites violence from appearing on their platforms. If they fail to moderate such content, they may face legal consequences.

Misleading or Deceptive Content

Advertisers can be liable for misleading or deceptive content posted by users that promotes their products or services. Advertisers should take measures to ensure that user-generated content complies with advertising regulations.

User Comments and Endorsements

Advertisers can be held accountable for user comments or endorsements that violate advertising regulations or are otherwise misleading. This is particularly relevant when influencers or content creators endorse products on social media platforms.

Terms of Use and Content Moderation

Advertisers can mitigate their liability by having clear terms of use and content moderation policies in place. These policies should outline the type of content that is not allowed and the consequences for violations.

Safe Harbour Provisions

Depending on the nature of the platform, safe harbour provisions from Egypt’s E-Commerce Law may offer some protection to advertisers. These provisions generally shield online service providers from liability for user-generated content, provided they act in good faith to remove or block access to illegal content upon notification.

It is important for advertisers to have effective content moderation and reporting mechanisms in place to address inappropriate or unlawful content promptly. However, it is also essential to strike a balance between content moderation and respecting users’ freedom of expression.

To ensure compliance and minimise liability, advertisers should:

• clearly outline the terms of use and community guidelines for their platforms;
• regularly monitor user-generated content to identify and remove inappropriate or unlawful content;
• promptly respond to takedown requests related to copyright infringement or other legal issues;
• provide users with a way to report inappropriate content or violations of the platform’s guidelines; and
• train staff or moderators in the platform’s content policies and legal obligations.

While the legal landscape for online content liability can be complex, advertisers can take proactive steps to minimise their exposure to legal risks by implementing appropriate content management and moderation practices.

In Egypt, specific rules and regulations regarding online disclosures and disclosures in social media, including space-constrained adverts, might not be readily available. However, the general principles of transparency, fairness and consumer protection that apply to advertising also extend to online and social media platforms. Advertisers are expected to ensure that consumers receive accurate and complete information when viewing online advertisements, regardless of the platform. Here are some general principles that advertisers should consider.

Transparency and Clarity

Advertisers should provide clear and easily understandable disclosures in their online and social media advertisements. This includes making sure that any material information about the product or service being advertised is clearly communicated to consumers.

Conspicuous Placement

Disclosures should be placed prominently and in a way that is noticeable to consumers. This is particularly important for space-constrained adverts, where disclosures should be visible without requiring users to take additional actions like scrolling.

Unambiguous Language

The language used in disclosures should be straightforward and unambiguous. It should avoid confusing or misleading terms that could cause consumers to misunderstand the information being provided.

Hyperlinks and Pop-Up Disclosures

In cases where it is not feasible to include all necessary information within the limited space of an advert, hyperlinks or pop-up disclosures may be used. However, these links should be labelled clearly and users should be informed that clicking on the link will provide important information.

Endorsements and Testimonials

If an advertisement features endorsements or testimonials from individuals, any material connections between the endorsers and the advertiser should be disclosed. This includes any compensation or incentives provided to endorsers.

Influencer Marketing

When influencers or content creators are involved in promoting products or services on social media platforms, they are expected to disclose their relationship with the advertiser. These disclosures should be easily understandable for their followers.

Regulatory Compliance

Advertisers should ensure that their online and social media advertisements comply with relevant laws and regulations governing advertising, consumer protection and unfair competition.

Consistency Across Platforms

Advertisers should strive to maintain consistent disclosure practices across different online and social media platforms to avoid confusion among consumers.

Egypt does not have unique rules or regulations specific to the use of major social media platforms. However, the Egyptian government has taken steps to monitor and regulate online content, including social media, under broader media and communication laws. A few points to consider follow.

Monitoring and Control

The Egyptian government has established bodies, such as the SCMR, to oversee media content, including online content. While this mainly includes traditional media, it is possible that their jurisdiction could extend to digital media, including social media. The SCMR has the authority to regulate and block websites if they violate established regulations.

Blocking Websites

The Egyptian government has been known to block access to certain websites and platforms, including both social media and news websites. These blocks can be based on various factors, including content that is deemed offensive, critical of the government or related to national security concerns.

Censorship and Surveillance

There have been reports of censorship and surveillance of online content, including social media. Activists and individuals critical of the government have faced restrictions and even legal action for their online activities.

TikTok Ban (Temporary)

In 2020, Egypt temporarily banned TikTok, a popular social media platform for short-form videos, citing concerns about the content shared on the platform. The ban was lifted after a few weeks.

WhatsApp and Telegram Blocking (Partial)

In the past, there have been temporary partial restrictions on messaging apps like WhatsApp and Telegram, particularly during times of political unrest or protests. These restrictions usually involve limiting the functionality of these platforms.

Data Privacy and Security

Egypt has data privacy and protection laws that apply to online activities, including social media use. However, enforcement and compliance might vary.

Transparency and Disclosure

Many countries require influencers to clearly disclose their relationship with brands when promoting products or services. This disclosure should be prominent and easily understandable to the audience. It is important for influencers to explicitly state if a post is sponsored, paid or part of a promotional campaign.

Truth in Advertising

Influencers are usually expected to make truthful and accurate claims about the products or services they are promoting. Misleading or false information can lead to legal consequences.

Endorsement Guidelines

Influencers may need to adhere to specific guidelines when endorsing products. These guidelines can include rules about making accurate claims, avoiding health or safety claims that are not backed by evidence, and not endorsing products that are prohibited or regulated by law.

Minors and Children

When influencer campaigns involve minors, there may be additional regulations to protect the rights and interests of children. Parental consent may be required for certain types of endorsements.

Health and Safety Claims

If an influencer is promoting health, wellness or safety-related products or services, there might be regulations regarding the accuracy of these claims. It is important to avoid making unsubstantiated claims about health benefits.

IP

Influencers should respect copyright and trade mark laws when using images, videos, music or other content in their campaigns. Getting proper permissions and licences is crucial to avoid infringement issues.

Contests and Giveaways

If an influencer is running contests or giveaways as part of their campaigns, there might be regulations regarding the terms and conditions of such promotions.

Data Protection and Privacy

If personal data is collected or shared as part of influencer campaigns, data protection and privacy laws should be followed. This includes obtaining necessary consents and ensuring compliance with local privacy regulations.

Liability for Content

In many legal systems, both the influencer and the advertiser can potentially be held liable for content that violates laws or regulations, or infringes on the rights of others (such as copyright or trade mark infringement). However, liability may be apportioned based on factors such as who created the content and who had control over its publication.

Duty to Monitor

Advertisers might have a duty to ensure that the content shared by influencers aligns with legal and ethical standards. This might involve establishing clear guidelines for influencers to follow and monitoring the content to some extent. However, the level of monitoring required can vary.

Influencer Agreements

Contracts or agreements between advertisers and influencers often outline the responsibilities of each party. These agreements may include clauses that specify the type of content that can be posted, the messaging to be used and the requirement to comply with laws and regulations.

Endorsement Disclosure

Advertisers are generally responsible for ensuring that influencers properly disclose their relationships with brands. Non-disclosure or inadequate disclosure could lead to legal and regulatory issues.

Clear Instructions

Advertisers should provide influencers with clear instructions on what can and cannot be said or shown in their content. This can help minimise the risk of content that may be misleading, false or inappropriate.

Choice of Influencers

Advertisers should exercise due diligence when selecting influencers to work with. This includes assessing their content history, audience demographics and overall online presence.

Mitigating Risk

To mitigate potential risks, advertisers often work closely with legal experts to draft influencer agreements that outline responsibilities, provide clear guidelines and address potential issues that may arise.

Truthfulness and Accuracy

Consumer reviews should be truthful and accurate. Misleading or false reviews could potentially violate consumer protection laws by providing deceptive information to consumers.

Disclosure of Relationships

If reviews are solicited from individuals who have a relationship with the company (eg, employees, affiliates or family members), those relationships should be disclosed. Hiding relationships could be seen as deceptive.

Moderation and Curation

Companies often have the right to moderate and curate reviews to ensure they meet certain standards and guidelines. However, excessively filtering or deleting reviews that are negative but genuine might raise concerns about transparency and authenticity.

Protection of Personal Data

If consumer reviews contain personal information, companies should handle that information in compliance with relevant data protection laws.

Endorsement Disclosure

If consumers are incentivised to provide reviews (eg, through contests, discounts or free products), it is important to disclose that information to maintain transparency.

Competitor Comparisons

If reviews make comparisons with competitors, those comparisons should be accurate and not misleading.

IP

If reviews include IP (such as copyrighted images), companies should obtain the necessary permissions to use those materials.

Defamation and Libel

Companies should avoid publishing reviews that are defamatory or libellous.

Regulated Industries

In some industries, such as healthcare or financial services, there might be additional regulations and guidelines for consumer reviews due to potential implications for public health and consumer interests.

Liability for User-Generated Content

In many jurisdictions, including Egypt, advertisers may not be held directly liable for consumer reviews and user-generated content posted on their platforms. This is often based on the principle that the advertiser is not the creator of the content and therefore may not bear primary legal responsibility for its accuracy or legality.

Safe Harbour Protections

Many legal frameworks provide certain protections, often referred to as “safe harbour” provisions, to online platforms and advertisers that host user-generated content. These provisions generally shield the platform from liability for content posted by users, as long as the platform takes certain steps to address infringing or illegal content when notified.

Duty to Monitor

Generally, advertisers are not required to actively monitor consumer reviews for accuracy or legality. However, if an advertiser becomes aware of potentially illegal or harmful content, they might have a responsibility to take action to address it. This could include promptly removing content that violates their terms of service or applicable laws.

Defamation and Libel

Advertisers might need to address defamatory or libellous content in consumer reviews if it could harm the reputation of individuals or other entities. This might involve considering whether to remove or address such content.

Moderation and Guidelines

Many advertisers establish content guidelines for their platforms, which can include rules about what kind of content is acceptable and what is not. Advertisers might moderate reviews to ensure compliance with these guidelines.

Incentivised Reviews

Advertisers should exercise caution if they incentivise consumers to provide reviews, as this might impact the credibility and authenticity of those reviews. Proper disclosure of incentives is important.

Consumer Protection Laws

In some cases, consumer protection laws might require advertisers to ensure that reviews and testimonials do not contain false or misleading information.

Egypt does not have a specific comprehensive law or regulation solely dedicated to email marketing. However, email marketing practices in Egypt are generally subject to various existing laws and regulations that touch on privacy, data protection and electronic communications. Here are some considerations that might apply to email marketing in Egypt.

Data Protection and Privacy Laws

The Egyptian Constitution and other laws grant certain rights to individuals regarding their privacy and personal data. Any collection, processing or use of personal data, including email addresses, should comply with these laws. The data subject’s consent is usually required for such activities.

Telecommunications Regulation Law No 10 of 2003

This law might apply to certain aspects of electronic communications, including email marketing. However, it is important to note that this law was enacted before the widespread adoption of modern digital communication technologies, so its applicability to specific email marketing practices may be limited.

Electronic Signature Law No 15 of 2004

This law establishes the legal framework for electronic signatures and transactions. While not directly focused on email marketing, it provides guidance on electronic communication and data security.

Consent

Obtaining proper consent from recipients before sending them commercial emails is generally recommended. Consent might be explicit (opt-in) or implied based on a pre-existing relationship. Clear and transparent language should be used to inform recipients about the purpose of collecting their email addresses and the nature of the communications they will receive.

Opt-Out or Unsubscribe

Including an easy and accessible way for recipients to opt-out or unsubscribe from future emails is essential. Adhering to unsubscribe requests promptly is important to comply with email marketing best practices.

Required Information

Any commercial email should clearly identify the sender and include accurate contact information for the sender. Misleading or deceptive subject lines should be avoided.

Liability for Violations

While there are no specific details about penalties for violating email marketing rules in Egypt, violations of privacy, data protection and electronic communication regulations can potentially result in legal action, fines and damage to the sender’s reputation. Depending on the nature and severity of the violation, legal actions might be taken by individuals, consumer protection agencies or regulatory authorities.

Egypt does not have a specific comprehensive law or regulation solely dedicated to email marketing. However, email marketing practices in Egypt are generally subject to various existing laws and regulations that touch on privacy, data protection and electronic communications. The following are some considerations that might apply to email marketing in Egypt.

Data Protection and Privacy Laws

The Egyptian Constitution and other laws grant certain rights to individuals regarding their privacy and personal data. Any collection, processing or use of personal data, including email addresses, should comply with these laws. The data subject’s consent is usually required for such activities.

Telecommunications Regulation Law No 10 of 2003

This law might apply to certain aspects of electronic communications, including email marketing. However, it is important to note that this law was enacted before the widespread adoption of modern digital communication technologies, so its applicability to specific email marketing practices may be limited.

Electronic Signature Law No 15 of 2004

This law establishes the legal framework for electronic signatures and transactions. While not directly focused on email marketing, it provides guidance on electronic communication and data security.

Consent

Obtaining proper consent from recipients before sending them commercial emails is generally recommended. Consent might be explicit (opt-in) or implied based on a pre-existing relationship. Clear and transparent language should be used to inform recipients about the purpose of collecting their email addresses and the nature of the communications they will receive.

Opt-Out or Unsubscribe

Including an easy and accessible way for recipients to opt out or unsubscribe from future emails is essential. Adhering to unsubscribe requests promptly is important to comply with email marketing best practices.

Required Information

Any commercial email should clearly identify the sender and include accurate contact information for the sender. Misleading or deceptive subject lines should be avoided.

Liability for Violations

While there are no specific details about penalties for violating email marketing rules in Egypt, violations of privacy, data protection and electronic communication regulations can potentially result in legal action, fines and damage to the sender’s reputation. Depending on the nature and severity of the violation, legal actions might be taken by individuals, consumer protection agencies or regulatory authorities.

Egypt does not have specific regulations or laws solely dedicated to inbound and outbound telemarketing. However, telemarketing activities in Egypt are generally subject to various existing laws and regulations that touch on privacy, data protection and consumer rights.

There are no specific rules dedicated solely to text messaging (short message service (SMS)) marketing in Egypt. However, text-messaging activities would likely fall under existing regulations related to electronic communications, data protection and consumer protection.

Egypt does not have specific regulations dedicated solely to consumer data use for targeting or re-targeting in advertising. However, data protection and privacy laws might apply to the collection, use and processing of consumer data for advertising purposes.

Under Egypt’s Personal Data Protection Law, personal data related to children is categorised as “sensitive personal data”. This includes information that discloses psychological, mental, physical or genetic health status, among other factors. While the law does not specifically outline separate rules for the collection and use of personal information from children, the fact that such data is considered sensitive highlights the importance of protecting the privacy and rights of children.

The law establishes that the processing of sensitive personal data, including that of children, is generally prohibited without the explicit consent of the data subject or unless otherwise permitted by law. This indicates that any collection or use of personal information from children must be done with a high level of care and in compliance with applicable legal requirements.

Since the law places a strong emphasis on consent, organisations collecting or using personal information from children should obtain explicit consent from a parent or legal guardian. This ensures that the child’s privacy rights are respected and that the processing of their sensitive personal data is done in a lawful manner.

In addition to the rules and regulations discussed earlier, there are several other important privacy-related considerations for advertising in Egypt.

Data Minimisation and Purpose Limitation

Advertisers should ensure that they collect and process only the minimum amount of personal data necessary for their advertising purposes. Data should not be used for purposes beyond what was initially consented to by the data subject.

Security Measures

Advertisers are required to implement appropriate security measures to protect the personal data they collect and process. This includes measures to prevent unauthorised access, disclosure or loss of data.

Data Retention

Personal data should not be retained for longer than necessary for the purpose it was collected. Advertisers should establish clear policies regarding data retention and deletion.

In Egypt, conducting sweepstakes and contests involves a series of legal requirements and regulations to ensure fairness, transparency and compliance with the law. An outline of the general requirements for the conduct of sweepstakes and contests in Egypt follows.

Promoter Eligibility

The promoter must be an Egyptian entity that holds a valid commercial register and tax card.

Notification and Approval

The promoter must notify the CPA at least three days prior to announcing the promotion/competition, and the Ministry of Social Affairs may also require special approvals or licences for certain competitions or prizes. An approval from the Ministry of Social Solidarity might be required, depending on the instructions of the Ministry of Social Affairs.

Licence From the Ministry of Social Solidarity

A licence must be obtained from the Egyptian Ministry of Social Solidarity through a local entity by submitting an application. Detailed information about the promotion/competition, duration, terms and conditions and nature of giveaways/prizes must be provided, and a letter of guarantee for the benefit of “the Subsidy Fund of National Associations and Foundations” must be issued. The Ministry of Social Solidarity is involved in overseeing the draw and issuing its licence.

Prizes and Taxes

Prizes will be subject to tax and stamp duties, which must be paid to the relevant authority within three days of the draw date. A foreign company cannot conduct the sweepstakes or competition.

Draw Process

The draw process must be clearly outlined, including the method of draw, the presence of authorities and the issuance of a report with the results. Prizes must be paid to winners within a specified period, usually not exceeding 60 days from the draw date. The value of the prize for the winner of the draw shall be paid within the defined time frame.

Data Protection and Privacy

Compliance with the Data Protection Law is required, including obtaining consent for processing personal data, notifying data subjects of breaches, and appointing a Data Protection Officer. Sensitive personal data and data related to children have specific protection requirements. Transferring personal data outside Egypt requires permission from the Egyptian Data Protection Centre.

Winner Notification and Claim

There should be a reasonable period for winners to claim their prizes. The notification and claiming process should be in line with the regulations set by the Ministry of Social Affairs.

Number of Prizes and Winner Selection

The number of prizes and the method of winner selection must be outlined. There may be caps on the number of prizes, and the frequency of draws may be subject to regulations.

Record-Keeping

The company holding the promotion must keep records of winning tickets for a specified period. Final statements of expenses and income should be submitted to the promotion licence-issuing authority.

Artwork and Pack Information

Requirements for pack artwork, information and restrictions on visuals may be determined by the Ministry of Social Affairs.

The laws in Egypt distinguish between contests of skill and games of chance. A game of skill and a game of chance have different legal implications and requirements when it comes to conducting promotions, contests and sweepstakes.

Game of Skill

In a game of skill, the outcome is determined by the participants’ skill, knowledge or ability rather than by chance. These types of contests typically require participants to perform certain tasks or demonstrate their skills to win. For example, a trivia quiz, a puzzle-solving challenge or a creative writing competition can be considered games of skill.

Game of Chance

In a game of chance, the outcome is primarily or entirely based on luck, random selection or chance rather than the participants’ skill or ability. These types of contests usually involve elements like drawing lots, rolling dice or using a random number generator to determine the winner.

In Egypt, both games of chance and contests of skill require approval and registration by regulatory bodies before they can be conducted. The relevant regulatory bodies involved in this process include the Ministry of Social Solidarity and the CPA. There follows an outline of the approval and registration process for both types of promotions.

Games of Chance

For games of chance (sweepstakes, lotteries, etc), you need to follow a specific approval and registration process, as outlined by the Ministry of Social Solidarity. A general overview of the process follows.

• Application submission: submit a formal request to the Ministry of Social Solidarity on the company’s letterhead at least two weeks before the planned start date of the promotion. This request must include a detailed description of the promotion, including the duration, implementation method, nature of prizes and other relevant information.
• Prize details: provide information about the prizes that will be awarded, including the type of prizes and their value.
• Fees and guarantees: pay an amount equal to 15% of the total value of the prizes as a certified cheque to the Subsidy Fund of National Associations and Foundations. This is for charitable purposes. Additionally, pay 5% administrative fees to the Ministry of Finance. If the 15% payment is done electronically (via Visa or direct transfer), the additional 5% administrative fee is not applicable.
• Letter of guarantee: issue a definitive letter of guarantee with the total value of the prizes for the benefit of the Subsidy Fund of National Associations and Foundations. This letter must be valid from before the promotion’s start date until at least three months after the promotion ends. It will be returned after the programme ends, provided that all prizes have been distributed.
• Draw process: the Ministry of Social Solidarity will oversee the draw process and may require its representatives to be present during the draw. The draw should be done according to the terms set in the licence.
• Prize distribution: ensure that prize winners receive their prizes within a specified time frame (usually within 60 days of the draw date).
• Final statement: after the promotion ends, submit a final statement of expenses and income to the Ministry of Social Solidarity to determine the net profit.

Contests of Skill

For contests of skill, the approval and registration process is also overseen by the relevant authorities, including the Ministry of Social Solidarity and the CPA. The process may involve similar steps to those outlined above, but specific details might vary based on the nature of the contest.

It is important to note that the Ministry of Social Solidarity and the CPA have the authority to review and approve the promotions, ensuring that they comply with applicable laws, regulations and consumer protection measures.

In Egypt, there are regulations and laws that pertain to free or reduced-price offers, especially when it comes to consumer protection and fair business practices.

Consumer Protection Law (Law No 67 of 2006)

This law aims to protect consumers from unfair trade practices, misleading advertising and deceptive offers. It requires that businesses provide clear and accurate information about their products and services, including any conditions or limitations attached to free or reduced-price offers. Misleading consumers with false promises or hidden charges can lead to penalties.

Unfair Competition Law (Law No 3 of 2005)

This law addresses practices of unfair competition, including deceptive marketing and advertising practices. It prohibits businesses from engaging in false advertising, spreading misleading information or using unfair tactics to gain an advantage over competitors.

Price Tags and Pricing Law (Ministerial Decree No 381 of 2006)

This decree governs the use of price tags and pricing practices. It requires businesses to clearly display prices, including any discounts or reduced prices, on their products. This is to ensure transparency in pricing and to prevent misleading consumers about the actual cost.

Licensing and Approvals

As mentioned earlier, conducting promotions, contests or offers, even if they are free or reduced in price, often requires approvals and licences from relevant regulatory bodies such as the Ministry of Social Solidarity and the CPA. This ensures that even in cases of free offers, the rights and interests of consumers are protected.

There is no applicable information in this jurisdiction.

Egypt had not enacted laws or regulations that specifically address the use of artificial intelligence (AI) in connection with the development of advertising content.

Egypt had not enacted specific laws or regulations that specifically address the use of AI in connection with the development of advertising content.

Egypt had not enacted specific laws or regulations that specifically address the use of chatbots in connection with the development of advertising content.

Egypt has a prohibition on the issuance, trading, promotion, creation of platforms and related activities involving cryptocurrencies. The Central Bank of Egypt (CBE) has warned against these activities and has emphasised that cryptocurrencies are not issued or backed by the central bank or any official authority. Violating these restrictions can lead to legal consequences, including imprisonment and fines.

As a result of this prohibition, it is likely that the advertising, marketing or sale of cryptocurrencies and NFTs would be subject to the same restrictions. Since the CBE’s warnings indicate a strict stance against cryptocurrencies, any form of promotion or advertising related to these assets could potentially be considered a violation of the prohibition.

There is no applicable information in this jurisdiction.

In Egypt, there are specific rules and restrictions that apply to the advertising of regulated products such as food, drugs, medical devices, alcohol, vaping/tobacco products and cannabis. These regulations are designed to ensure consumer safety, prevent misleading information and uphold public health. It is important to note that tobacco, alcohol and cannabis advertising is illegal in Egypt. There follows an outline of the rules and restrictions for the other regulated products.

Food Advertising

Food advertisements in Egypt are subject to regulations that ensure accurate labelling, prevent misleading claims and adhere to health and safety standards. Advertisements for food products should not make false claims about the nutritional value or health benefits of the products. Additionally, they should not deceive consumers about the nature, origin and quality of the food.

Drug and Medical Device Advertising

Advertising for drugs and medical devices in Egypt is regulated by the Egyptian Drug Authority. The advertising of pharmaceutical products must comply with strict guidelines, including accurate representation of the product’s properties, potential side effects and approved uses. Misleading health claims and exaggerated efficacy claims are generally prohibited.

Vaping/Tobacco Advertising

Egypt has strict regulations on tobacco advertising, including vaping products. Advertising of tobacco and vaping products is prohibited in places accessible to the public, such as billboards, magazines and radio/television broadcasts. Health warnings must be prominently displayed on packaging and advertisements, and claims that suggest vaping or tobacco use is safe or beneficial to health are prohibited.

Please note that alcohol and cannabis advertising is illegal in Egypt, and any related promotional activities for these products is not allowed.

Egypt does not have specific laws or regulations that directly address the placement of products in entertainment content, such as movies, television shows or online content.

There are some additional categories of products and services that are subject to specific rules and restrictions in Egypt.

Healthcare and Medical Services

Advertisements for healthcare services and medical treatments should not contain false or misleading information. The advertisement of prescription drugs or medical treatments should only be carried out by licensed medical professionals or institutions.

Cosmetic and Beauty Products

Advertisements for cosmetic and beauty products should not make false or exaggerated claims about the effectiveness of the products. The use of before-and-after photos should accurately represent the results achievable by the product.

Financial and Investment Services

Advertisements for financial services and investment opportunities should not contain false or misleading information. The advertisement of financial products should comply with regulations set by the CBE and the Financial Regulatory Authority.

Telecommunications Services

Advertisements for telecommunications services should not contain false or misleading information about the quality of service or coverage. Comparative claims should be accurate and based on valid data.

Environmental Claims

Advertisements for products claiming to be environmentally friendly should provide accurate information about their environmental benefits. Misleading greenwashing claims are prohibited.

Children's Products

Advertisements for children’s products should not contain false or misleading information about the benefits or features of the products. The advertisement should not exploit children’s lack of experience or understanding.

Educational Institutions

Advertisements for educational institutions should accurately represent the facilities, programs and services offered. Any claims about accreditation or affiliations should be verifiable.

Real Estate and Property

Advertisements for real estate properties should accurately represent the properties, their features and location. Any claims about pricing, ownership or availability should be accurate.

Food and Beverage Labels

Advertisements for food and beverages should comply with labelling regulations, including ingredient lists, nutritional information and allergen information.

Transportation Services

Advertisements for transportation services (eg, airlines or travel agencies) should provide accurate information about routes, schedules and fares. Any offers or discounts should be clearly explained and accurately represented.

Insurance Services

Advertisements for insurance services should not contain false or misleading information about coverage, benefits or terms. Comparative claims should be accurate and based on valid data.