Regulatory alert. Regulation of the new commercial loyalty regime. Resolution SCI 248/2019

28 July 2020 |

Resolution 248, which partially regulates the new Trade Loyalty regime (DNU 274/19), came into force.

In relation to advertising and competitions, contests and draws:

It empowers to provide certain information through a website or a telephone line, but also to include it in advertisements, dispensing with other means.

It establishes the size of the obligatory legends and their permanence on the screen.

It establishes that competitions, contests and draws must comply with Decree 961/17 and Resolution 89/98.

It defines as misleading advertising in which the information, due to the size of its letter, the speed of its speech or any other characteristic that distorts it, is incomprehensible.


Delegates to the Directorate of Commercial Loyalty the control and surveillance of the DNU and the instruction of summonses.

It establishes that the rules on unfair competition of the DNU shall be applicable when the act or conduct is not covered by the Antitrust Law and prohibits the filing of simultaneous proceedings for the same acts or conduct.

It regulates aspects of the Administrative Procedure, Resources and applicable Sanctions.

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