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by smartbit 2572 days ago
> That they can get away with this arm-twisting as "privacy" is to give credit to their brand positioning.

I think most EU Advertising Control Boards would verdict that Apple's privacy claims are misleading and therefore against the applicable Advertising Law.

1 comments

> I think most EU Advertising Control Boards would verdict that Apple's privacy claims are misleading and therefore against the applicable Advertising Law.

I think not. From the horses mouth[1]:

Since the directive on unfair commercial practices (2005/29/EC) is in place, the misleading and comparative advertising directive has been applied only to business-to-business (B2B) relations concerning misleading advertising.

[1]: https://ec.europa.eu/info/law/law-topic/consumers/unfair-com...

Your note seems not relevant to what misleading is. Please elaborate.
It's not relevant to my point, which is just about what the regulator is likely to do: That's been answered.

For what "misleading is", see Article 2 (b) and especially Article 3 of Directive 2006/114/EC.

In this verdict [0] of 18-02-2019 the Dutch Advertising Board came to the verdict Misleading "is de uiting misleidend en daardoor oneerlijk in de zin van artikel 7 NRC.". Are you stating that the Misleading verdict can not been given in EU countries in B2C advertisements?

[0] https://www.reclamecode.nl/uitspraken/resultaten/huishouden-...

> Are you stating that the Misleading verdict can not [be] given in EU countries in B2C advertisements?

No.