It is essential for economic operators to be aware of the legal requirements to avoid surprises. Portuguese legislation, specifically Decree-Law no. 70/2007 of 26 March, strictly regulates the conditions applicable to price reduction practices, ensuring transparency and consumer protection against unfair or misleading practices. Non-compliance may result in significant financial penalties.

While the law prohibits the use of generic or ambiguous expressions to describe price reduction sales, operators may use one of the legally recognized sales modalities together with additional terms such as «Black Friday», «Outlet», or «VAT-free days».

To ensure compliance, such expressions must be used clearly and unequivocally, making it evident that the sale falls under one of the legally defined modalities.

For example, when advertising a “Black Friday”, traders must ensure that consumers clearly understand that the advertised products are being sold under a promotional sale, otherwise they may breach rules on fair and transparent commercial communication.

In price reduction sales, traders must provide consumers with mandatory information clearly and unambiguously, avoiding any practices that could mislead consumers, such as omissions or ambiguities concerning prices or the duration of promotional campaigns.

Supervision of these practices lies with the Portuguese Food and Economic Safety Authority (ASAE), which may initiate administrative proceedings in cases of non-compliance. Fines may vary depending on the seriousness of the infringement and the company’s turnover.
To ensure compliance during Black Friday and other promotional periods, economic operators must guarantee that advertising communications use clear language and comply fully with the applicable legislation.

Moreover, sales and marketing teams must be properly informed and trained to verify the legal compliance of campaigns before implementation.

Black Friday, as a major commercial event, requires not only creativity in sales strategies but also strict adherence to legal obligations.

Belzuz Abogados, S.L.P. has extensive experience in advertising law, providing specialized legal advice to ensure compliance with current regulations.