sec_3_7__para__2

Nevertheless, the check to determine whether a commercial practice falls under point 28 of Annex I must be carried out taking into account all the facts and circumstances of an individual case. The assessment may take into account various factors, such as the design of the marketing, the medium used to send the marketing, the type of language used, the presence of topics or characters that may in particular appeal to children, the presence of age-restrictions, providing direct links to making purchases etc. (263) A national enforcement authority or court is also not bound by the trader’s own definition of the target group for the commercial practice in question, although that definition may be taken into account. The assessment should also take into account the steps that the trader has taken in protecting minors from direct exhortation. Traders should adapt the marketing according to the consumers that could actually be reached by the practice, not only according to the intended target group.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.