In Portugal, advertising regulation presents a broad and structured framework, aimed at ensuring that advertising practices are not only commercially effective but also ethical, transparent and legally compliant. At stake are the protection of consumers’ rights, the promotion of fair commercial practices and the safeguarding of a healthy competitive environment among economic operators, with particular relevance, in this latter regard, to the regime governing comparative advertising.
With the power of advertising comes the responsibility to ensure that campaigns comply with ethical and legal principles. In Portugal, this responsibility arises from an articulated set of rules derived not only from advertising legislation, but also from self-regulatory instruments, codes of conduct and best practices to which economic operators may voluntarily adhere.
The growing relevance of commercial communication in the digital environment, particularly on social media, has led influencer marketing to evolve from a marginal phenomenon into a genuine promotional tool.
This reality prompted the Directorate-General for Consumers (DGC) to update, in November 2025, the Guide “Advertising and Influencer Marketing”, originally published in 2019, reinforcing existing guidelines and introducing new topics and restrictions, in line with the evolution of digital platforms and market practices.
This updated Guide clearly reinforces a structural principle: digital influencers are subject to the same advertising rules as any other participants in the advertising chain whenever there is a direct or indirect commercial relationship with a brand. Advertising is deemed to exist not only where there is monetary remuneration, but also where it results from the provision of products, services, experiences, invitations, trips, discounts or any other advantages granted by the advertiser.
Influencer posts must therefore clearly, immediately and unequivocally identify the advertising nature of the content through references such as #PUB, #ADVERTISEMENT, #AD, #SPONSORED, #PARTNERSHIP or equivalent, placed in a visible and perceptible manner from the first contact the consumer has with the message.
Identification may not be ambiguous, concealed or dependent on additional user actions, under penalty of violating the principle of identifiability enshrined in the Advertising Code.
Regarding compliance with advertising legislation, responsibility extends across all agents in the advertising chain, namely the advertiser, the professional, the advertising agency, the owner or concessionaire of the advertising medium, as well as any other party engaged in advertising activity or contributing to the dissemination of the advertising message. This shared responsibility is expressly reaffirmed by the DGC’s guidelines, reinforcing the need for prior legal review by brands and advertisers.
It should also be noted that enforcement of advertising practices has intensified, particularly by ASAE and the competent sectoral authorities, with a significant increase in administrative offence proceedings related to misleading advertising, omissions of information and failure to comply with duties to identify advertising content, including in the digital and social media context.
As regards prohibitions and restrictions in advertising, the following are highlighted:
- Misleading Advertising
Advertising must accurately reflect the characteristics of the products and services offered. It is prohibited to make false or misleading statements capable of deceiving consumers as to the characteristics, effects or conditions of the promoted products and services. Recent guidelines clarify that this duty of truthfulness also extends to so-called reviews and testimonials, which must reflect real, verifiable and non-manipulated experiences and may not assume a covertly promotional nature.
Advertising must be sufficiently clear so as not to leave room for ambiguous interpretations and must provide consumers with adequate information to enable informed decision-making.
- Offence to Values and Discriminatory Content
It is prohibited to disseminate advertising that offends ethical, moral or cultural values of society, as well as advertising containing sexist, racist or discriminatory content of any nature. Advertising must respect human dignity and promote equality, without inciting hatred or intolerance.
- Advertising Directed at Minors
Advertising directed at minors is subject to particular scrutiny given the need to protect the vulnerability of this age group. It is therefore prohibited to:
-
- advertise products that are not relevant to the age group, i.e. that do not present a direct and appropriate relationship with the target audience;
- exploit minors’ inexperience or credulity;
- encourage harmful or dangerous behavior;
- expose minors to content inappropriate for their age group;
- promote or encourage the sale of foods and beverages with high energy value, salt, sugar, saturated fats and trans fats, as determined by the Directorate-General of Health.
- Advertising Sensitive Products or Services
There are specific restrictions applicable to the advertising of certain types of products and services, such as:
-
- alcohol and tobacco: advertising of tobacco products is broadly prohibited, and advertising of alcoholic beverages is subject to strict restrictions, including the prohibition of associating consumption with positive behavior or directly targeting minors;
- medicines and supplements: advertising of prescription-only medicines to the general public is prohibited. For food supplements, advertising must avoid unsubstantiated claims of curative properties. Advertising may not replace consultation with healthcare professionals, nor rely on testimonials, public figures or claims that compromise the objectivity and safety of the information conveyed to the public;
- gambling and betting: due to the particular sensitivity of this sector given the risk of addiction and its social implications, advertising is subject to specific and stringent rules aimed at (i) avoiding appeals to easy gain, (ii) suggesting that gambling can lead to social success, (iii) encouraging excessive gambling or suggesting that gambling can solve personal or financial problems, (iv) creating the illusion of high winnings or asserting that gambling is free of financial risk, or (v) using public figures that may attract young people or create a false sense of urgency through expressions such as “Bet Now!”.
- Comparative Advertising
Comparative advertising, involving direct comparison between brands or products, is lawful only if it is objective, verifies the accuracy of the information and does not disparage or denigrate competitors. It must be based on reliable and verifiable data and information.
Furthermore, in the digital environment, advertising activity increasingly intersects with obligations arising from other regulatory instruments, such as the Digital Services Act (“DSA”), particularly with regard to transparency of online advertising, platform accountability and user protection, which reinforces the need for an integrated legal analysis of advertising campaigns.
Based on the foregoing, it is essential to recognize that there are limits to advertising and that a preventive and informed approach should be prioritized in the promotion of products and services.
Finally, it should be noted that, in certain sectors, such as the insurance or audiovisual sectors (where there are specific rules applicable to product placement, sponsorship or production support), complementary sectoral rules apply and must be observed together with general legislation on advertising, competition and consumer protection.
In this context of reinforced regulation and increasing scrutiny of advertising practices, it is essential that companies, advertisers, agencies and influencers adopt a preventive, legally informed approach aligned with market best practices, mitigating legal, reputational and sanctioning risks.
Belzuz Abogados, S.L.P. has extensive experience in legal advisory services in the field of advertising, providing specialized support to ensure compliance with the applicable regulatory framework.