Marketing, advertising and traffic arbitrage

This practice focuses on the legal side of marketing and online advertising: contracts in traffic arbitrage, compliance of advertising material with the law, influencer collaborations, and protection against unfair competition.

An advertising and affiliate marketing lawyer helps you check advertising material before launch, contract with advertisers, CPA networks, webmasters and bloggers, recover unpaid commission for traffic and protect your brand against unfair competition. We advise advertisers, agencies, affiliate teams and influencers – at our office in Kyiv or online.

Our services

• Legal support for affiliate and CPA marketing – contracts with networks and partners, holds, reconciliations, payout disputes
• Advertising law and compliance – reviewing creatives, dealing with the supervisory authorities, challenging sanctions
• Contracts with bloggers and influencers – advertising integrations, rights in the content, labelling advertising
• Protection against unfair competition – similar designations, false information, trade secrets

When you need an advertising lawyer

• you are preparing an advertising campaign and want the material checked against the law
• a network or advertiser is withholding payouts for the traffic you delivered
• you need a contract with partners, webmasters, publishers or bloggers
• a compliance notice has been issued or proceedings for a breach of advertising law have been opened
• a competitor is using a similar designation or spreading false information about your company
• claims of unlawful advertising or unfair competition have been made against your company

How we handle these matters

• we review creatives before the campaign launches, not after the compliance notice arrives
• we put arrangements in writing – in this field disputes arise precisely because they are not
• we understand the market: CPA models, holds, working with foreign networks
• the scope of work and the payment terms are agreed in writing before we start

How the work proceeds

1. First conversation: we establish the business model, the counterparties and the issue – a campaign launch, a dispute or an inspection.
2. Documents: we analyse the contracts and network terms, the creatives and landing pages, the statistics and the correspondence.
3. Position and action: an opinion on the creatives, a contract, a formal demand, an application to the authority or a claim – depending on the situation.
4. Support through to the outcome: negotiations, the proceedings before the authority or the court, enforcement of the decision.

Legislation and case law are updated over time; this page reflects the position as of October 2026. Before acting on it, take advice on the wording currently in force.

Frequently asked questions

Does advertising have to be labelled, including on social media?

Yes. Advertising must be clearly separated from other information, regardless of the form or means of distribution, so that it can be identified as advertising (part 1 of Article 9 of the Law of Ukraine “On Advertising”). Informational, authored or editorial material that draws attention to a particular person or product and is distributed for money or other consideration must be identified as advertising using the word “advertising” (part 3 of Article 9 of the Law). Hidden advertising is prohibited (part 5 of Article 9 of the Law).

What is unfair advertising, and who decides that advertising is unfair?

Unfair advertising is advertising that misleads or may mislead consumers of advertising, or cause harm to persons, the state or society, through inaccuracy, unreliability, ambiguity, exaggeration, omission, or breach of the requirements as to the time, place and means of distribution (item 11 of part 1 of Article 1 of the Law). Such advertising is prohibited, liability for it rests with the person at fault, and decisions recognising advertising as unfair are taken by the state authorities designated in Article 26 of the Law (Article 10 of the Law).

What if a network or advertiser will not pay the commission for traffic?

First, record the volume of services delivered against the contract terms and the statistics, and send a formal demand. Where a monetary obligation is overdue, the creditor may demand payment of the debt adjusted by the established inflation index for the whole period of default, plus three per cent per annum on the overdue amount, unless the contract or the law sets a different rate (part 2 of Article 625 of the Civil Code of Ukraine); the contract or the law may also provide for a penalty (item 3 of part 1 of Article 611 of the Civil Code).

What if a competitor is using a similar designation?

It is improper to use a name, a commercial (trade) name, a trademark, advertising material, packaging design or other designations without the permission of the business that began using them, or similar designations, earlier, where this has led or may lead to confusion with that business’s activities (Article 4 of the Law of Ukraine “On Protection against Unfair Competition”). An application for protection may be filed with the Antimonopoly Committee of Ukraine within six months of the day the person learned or should have learned of the infringement; missing that deadline is a ground for refusing to accept the application, unless the reasons for the delay are found to be valid (Article 28 of the Law).

Who owns content a blogger creates on commission for a brand?

The economic rights in a work created on commission pass to the commissioning party in full from the moment the work is created, unless the commissioning contract provides otherwise (part 2 of Article 15 of the Law of Ukraine “On Copyright and Related Rights”). At the same time, under the Civil Code the economic rights in an object created on commission belong jointly to its creator and the commissioning party, unless the contract or the law provides otherwise (part 2 of Article 430 of the Civil Code of Ukraine). The scope of the rights in the content and the period of use should therefore be set out expressly in the contract with the blogger.

Need legal assistance in advertising or marketing? Call us or leave a request – a lawyer will be in touch.