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B2C Marketer's Legal Guide 2025: How to Avoid Legal Pitfalls in Campaigns

  • Writer: Lauri Nieminen
    Lauri Nieminen
  • 3 days ago
  • 3 min read

Modern marketing requires legal expertise. This guide discusses the key legal obligations of a B2C marketer, based on the Consumer Protection Act and recent EU directives (such as the Omnibus and the new Influencer Marketing Guidelines 2025).


1. Discount Marketing and the 30-Day Rule

The Omnibus Directive set strict conditions for how discounts can be announced. In 2025, the Consumer Ombudsman will monitor this implementation across all channels.

  • The main rule: Whenever you promote a price reduction, you must state the lowest price at which the product has been marketed in the previous 30 days .

  • Practical example: "Now €129 (Lowest price 30 days: €199)".

  • Exceptions:

    • Progressive discount: If the campaign lasts a maximum of 60 days and the discount deepens (e.g. -20% -> -40% -> -60%), the price before the first discount can be considered the lowest price.

    • Perishable products: Does not apply to food products that are nearing their expiration date.


2. Right of withdrawal in distance selling (14 days)

In online shopping, the consumer has the legal right to cancel the purchase within 14 days of receiving the goods without giving any reasons.

When is there no right of return?

Certain product groups are excluded from the right if this has been clearly stated before ordering:

  • Sealed products: CDs/DVDs, games and software if the seal has been opened.

  • Hygiene products: Opened underwear, cosmetics or health care products.

  • Custom-made products: Personalized or products made according to the customer's wishes.

  • Digital content: If the download or streaming was initiated with the consumer's consent.


3. New guidelines for influencer marketing in 2025

The Finnish Competition and Consumer Authority (FCCA) published updated guidelines in January 2025. Identifiability is now even more critical.

  • Placement: The ad tag must be visible right at the beginning of the post. It must not be hidden behind a "read more" button.

  • Video content: The ad tag (e.g., "Ad [Company]") must be visible throughout the video (e.g., Reels, TikTok, Stories).

  • Terminology: Recommended terms are "Advertisement [Company]" or "Commercial Collaboration [Company]" . Vague hashtags like #collaboration or #sponsored are not sufficient.

  • Own products: The influencer must also consider promoting their own companies or products as advertising.


4. Binding nature of offers and "manifest error"

The marketer is responsible for ensuring that the price is correct. The offer is binding on the company unless there is an error that is clearly identifiable to the consumer.

  • Obvious mistake: For example, a new iPhone for €15 (the correct price is €1,500). The consumer should understand that the price is impossible.

  • Non-obvious: If a product costs €150 and the price should have been €250, the company is often liable for selling the product at the incorrect price.


5. Raffles and marketing raffles

Marketing lotteries generally do not require permission if participation is free of charge.

  • Allowed without permission: "Comment and Win" or sweepstakes that require the purchase of a product to enter (provided the price is the same as without the sweepstakes).

  • Rules: The rules of the raffle (start and end times, prize value, how the winner will be notified) must be easily accessible.


6. Usage rights (UGC and materials)

When utilizing user-generated content (UGC) or influencer materials, agree in writing:

  • Duration: How long can the material be used in advertising?

  • Channels: Can the video be used only on social media or also in paid TV advertising?

  • Editing rights: Can a brand cut different versions of a video?


B2C Compliance Checklist for Marketers:

  1. Price History: Has the 30-day lowest price been checked and marked?

  2. Ad labels: Are they on top of the video at all times, as per the 2025 guidelines?

  3. Agreements: Have the scope of usage rights been agreed upon in UGC and influencer partnerships?

  4. Terms and Conditions: Are cancellation instructions and exceptions clearly displayed during the ordering process?


Do you need help with the legal review of your campaign?

 
 
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