AE Legal contributes to the Chambers Global Practice Guide 2025: Advertising & Marketing – Malta

AE Legal is proud to have contributed to the Chambers Global Practice Guide 2025 on Advertising & Marketing Law in Malta, offering an in-depth Q&A analysis of the Maltese legal framework governing advertising, marketing, and consumer protection. The 2025 edition marks an important turning point in the regulation of advertising across both Malta and the European Union, reflecting the increasing convergence between technology, data, and consumer rights.

This year’s update highlights some of the most significant legislative changes shaping how businesses advertise and communicate with consumers. The EU Artificial Intelligence Act (the AI Act), which entered into force in August 2024, primarily introduces a risk-based framework for the use of AI systems in advertising and marketing. Under this regime, businesses must ensure transparency, fairness, and human oversight in the deployment of AI tools that generate and/or personalise marketing content.

Meanwhile, the EU Digital Services Act (the DSA), applicable since February 2024, has redefined the rules governing online advertising by imposing enhanced transparency standards on digital platforms and limiting the use of manipulative design features or “dark patterns” in marketing practices.

Another key reform is the forthcoming EU Green Claims Directive, which will form part of the EU’s wider strategy against greenwashing. This Directive will require all environmental and sustainability claims in advertising to be verifiable, evidence-based, and not misleading, with national implementation expected by March 2026.

Within the Maltese context, the advertising and marketing framework remains grounded in several core statutes, most notably the Consumer Affairs Act, the Broadcasting Act, and the Commercial Code, alongside EU-derived legislation such as the GDPR, the ePrivacy Directive, and the Unfair Commercial Practices Directive.

AE Legal’s contribution essentially explores how behavioural and targeted advertising must comply with consent requirements under the GDPR. It moreover delves into how marketing to minors is restricted under the Broadcasting Code and the Data Protection Act, and how sweepstakes, contests, and promotional games fall within the supervisory remit of the Malta Gaming Authority under the Gaming Act.

The chapter also examines the advertising of regulated products such as alcohol, tobacco, pharmaceuticals, food, cannabis, and gambling, each of which is subject to specific statutory restrictions and consumer protection safeguards. In addition, the guide explores emerging trends in digital marketing, including the use of AI, Web3 technologies, and virtual assets in promotional campaigns.

As the advertising and marketing landscape continues to evolve at the intersection of law, technology, and innovation, remaining alert to legislative and regulatory developments is crucial. The rapid introduction of instruments such as the AI Act and Digital Services Act, underscores how swiftly the compliance landscape is shifting, particularly in the digital era, where promotions are increasingly data-driven and cross-border. For businesses and practitioners alike, staying on the ball with these changes is essential so that their lawful, transparent, and responsible marketing practices meet the expectations of both regulators and consumers.