PRAKAS ON UNFAIR PRACTICES IN BUSINESS RELATED TO ADVERTISEMENTS AND SALE PROMOTIONS
Overview
Prakas 095 on Unfair Practices in Business Related to Advertisements and Sale Promotions was issued on 12 April 2024 by the Ministry of Commerce (“Prakas 095”). Prakas 095 covers unfair practices in business related to advertisement and sale promotions that are not addressed by the Law on Consumer Protection, with the objective of protecting consumers’ rights and interests.
Prakas 095 applies to all persons (including individuals and entities) engaged in supplying and advertising goods and services that provides false or misleading promises, advertisements or representation via all forms and methods, including digital methods, within the Kingdom of Cambodia. The main prohibitions outlined by Prakas 095 encompass three areas: (1) prize giveaways; (2) advertisements and sale promotions; and (3) false or misleading advertisements.
We summarize the key prohibitions as follows:
Prakas 095 also stipulates the necessary requirements that business operators must adhere to when conducting sale, clearance sale, special discount, goods and services bundled with additional services exceeding the requirements (as a package), and lucky draw.
Penalty related provisions
Any individual who commits an offence in violation of the provisions under Prakas 095 relating to, among others, reporting to the CCF, prize giveaways, advertisement and sale promotions will be subject to an interim fine not exceeding KHR 50,000,000 (approximately USD 12,500) or, for violation of provisions relating to false or misleading advertisements, not exceeding KHR 80,000,000 (approximately USD 20,000).
PRAKAS 084 ON FORMALITIES, PROCEDURES AND MEASURES TO MANAGE ADVERTISEMENT OF ALCOHOLIC PRODUCTS
Overview
The Ministry of Information (“MOI”) issues Prakas 084 on Formalities, Procedures and Measures to Manage Advertisements of Alcoholic Products on 23 July 2024, to regulate advertisements of alcoholic products (“Prakas 084”). The scope of Prakas 084 applies to all alcoholic products containing more than 3% ethanol content and covers all forms and means of advertisement, including digital advertising in Cambodia.
Key Provisions under Prakas 084
Considering the above, businesses involved in alcoholic products advertising must carefully review Prakas 084 to ensure compliance. Key actions include obtaining permits on advertising, adhering to strict content principles to avoid penalties, and reviewing existing advertising materials to ensure compliance.
Should you have any concerns or queries on the matters mentioned above, please feel free to contact us at cambodia@dfdl.com.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
