Store Advertising: Rules for Promotions, Social Media, Mailings and Job Ads

Store owners are responsible for the content of advertising they commission. When they publish it themselves, they are also responsible for how it is placed. Before launching a campaign, prepare the Ukrainian text, verify prices and product claims, state promotion terms, and label advertising posts. Advertising SMS messages, emails and messages sent to customers’ contact details require prior written consent, including electronic consent, and a simple, free way to opt out of the mailing list.

These rules apply to banners, a store’s own pages, paid reviews and influencer posts made in exchange for a product or discount. Check job ads, outdoor advertising structures and goods subject to special restrictions separately. A contract with a designer or agency can divide the work, but the store retains the responsibility that the law assigns to it as the advertiser.

What counts as store advertising

Under Article 1 of the Law of Ukraine “On Advertising,” advertising includes information disseminated for monetary or other compensation, or for self-promotion, to build interest in a person or product. Therefore, a free post on the store’s own page may also be advertising: payment to an advertising platform is not required.

At the same time, the law provides specific exceptions:

• Under Article 8(7), information about a manufacturer or product at the place where the product is sold—including on store fixtures, the product itself or its packaging—is not considered advertising.
• Under the same provision, information about a manufacturer or product that a customer sees while completing a purchase on an online store website is also not considered advertising. This does not generally exempt all website content from advertising requirements.
• Under Article 9(6), a sign containing the information permitted by law and placed in the proper location is not considered advertising.
• The law does not apply to information that other laws require to be placed or made public.

Give the person responsible for advertising a list of the materials: posts, videos, mailings, reviews, banners and signs. For each one, identify what it says, where customers will see it and who will publish it. This will help you check the requirements that apply before launch.

Language, prices and truthful claims

Advertising must be in Ukrainian. This applies to text, spoken words and advertising captions in videos. Intellectual property may be used in the language in which it is legally protected. Website addresses, email addresses and other internet identifiers may be written in Latin characters. A separate law sets out the rules for using the languages of Indigenous peoples and national minorities; those rules do not give stores a general right to choose any language for advertising.

Prices for goods and services sold or provided in Ukraine must be stated in advertising exclusively in hryvnias. Product photos must show the product as the store offers it to customers in Ukraine, in compliance with consumer information and language requirements.

Unfair advertising is prohibited. Exaggeration, ambiguous wording and omission of an important condition can mislead customers. For example, if free delivery is available only for orders of at least a certain amount, state that amount next to the offer. If a promotion applies to specific models, name them or clearly define the group.

Before approving the layout, the owner or manager should gather evidence for the advertising claims: manufacturer specifications, warranty terms, the list of products, prices and actual delivery terms. Claims such as “the cheapest” or “the best” need evidence that supports the claim. If you cannot substantiate them, use a specific, verifiable product feature instead.

How to advertise a discount or sale

Advertising a price reduction or sale must state the location, start and end dates, and discount amount or the relationship between the new price and the previous selling price. For advertising in audio media, the law permits stating a source where listeners can learn the terms of the discount or sale.

Under Article 15(4)–(6) of the Law of Ukraine “On Consumer Protection” No. 1023-XII, a discount must apply to products sold directly by the seller, last for a limited period and reduce the regular price. A sale covers all goods at a particular location or a clearly defined group of goods, lasts for a limited period and offers prices below the regular prices. Customers must be told both the price applicable before the promotion and the price applicable once it begins.

Hypothetical example: a store sold a backpack for UAH 1,500 and decided to give a 20% discount. The discount is UAH 1,500 × 20% = UAH 300. The new price is UAH 1,500 − UAH 300 = UAH 1,200. If these details are accurate, the ad could say: “20% off Model A backpacks. Previous price: UAH 1,500; promotional price: UAH 1,200. From October 15 through October 20, inclusive, at the store at [address].” For an online promotion, state the online store address and purchase terms.

Before publication, the administrator should check that the advertised price matches the price at the register and on the website. Keep records of the previous price, the promotional products and the approved terms. If you advertise “up to 50% off,” check which products actually receive the maximum discount and make the limits of the offer clear.

Contests and prize draws

Advertising a contest, prize draw or other promotional event must state the dates and location and give a source where people can learn the terms and location of the event. For audio media, name the source of information about the terms, dates and location. If the organizer changes this information, it must announce the changes in the same way it shared the original information.

Before launch, the owner should approve the rules, and the manager should publish them at the specified link. In practice, describe who can participate, how to enter, the prizes, how the winner will be selected and how to claim the prize. Do not call an ordinary prize draw a “lottery” without checking the rules that apply to that type of event.

Influencer posts and advertising videos

Advertising must be clearly separated from other information. Paid author, informational or editorial content that builds interest in the store or a product must be labeled with the Ukrainian word “реклама” (“advertising”). Hidden advertising is prohibited.

An influencer’s compensation may be monetary or non-monetary: a free product, service or discount also counts. If content or a link to it is shared in exchange for such an incentive to promote the store or product, the law treats it as advertising.

A person uploading an advertising video to a video-sharing platform must mark it as containing advertising when uploading it. The same obligation applies to advertising user-generated content on information-sharing platforms. Before publication, the manager should check both the visible label and the platform settings.

In the agreement with the influencer, specify the product, compensation, dates, format, advertising claims and content label. After publication, save the link and a copy of the post or video. This recommended workflow helps confirm what the store commissioned and what the author published.

If the store pays to include a product, service, trademark or recommendation about them in a program or user video that is not itself advertising, check the product placement rules in Article 5-2. They apply to programs and user videos created after January 1, 2024. The store must not influence the content of such material or the author’s editorial independence. The material must not directly encourage people to buy or rent, or give the product undue prominence. When an individual creates user-generated content, they must label the product placement at the beginning and end, and after advertising breaks. The same labeling is required for programs produced by a media outlet or its affiliate itself, or commissioned by either of them. Product placement is prohibited in news, children’s and religious programs, programs about current affairs, and consumer protection programs. Part 3 also prohibits placement of specified tobacco products, prescription medicines and medicines whose advertising is prohibited, and other goods expressly listed there. Before approving the material, check the product, format and all required labels. Under Article 5-2(6), audiovisual media programs and user-generated content with product placement are not subject to the warnings and other information requirements in Section III of the Law of Ukraine “On Advertising.” Other product placement requirements, including identification and restrictions on goods, remain mandatory.

Advertising mailings: consent and opt-out

Article 14-3(2) prohibits advertising spam, including mass calls without the consumer’s prior written consent. Prior written consent, including electronic consent, is required to advertise using a phone number or another network identifier. Customers must be able to withdraw permission to use their data at any time, simply and free of charge, including permission to receive advertising messages.

A phone number provided for delivery does not by itself confirm consent to advertising. Before the first advertising mailing, the manager should check whom the customer authorized to send offers and through which channel.

1. Prepare clear consent wording that names the store and the channels used for advertising messages.
2. Keep evidence of consent: the text accepted by the customer, the action they took and the time they confirmed it.
3. Provide an accessible opt-out method, such as a link in an email or a clear instruction in a message.
4. Assign an employee to process opt-outs and exclude those contacts from future advertising mailings.
5. Before launch, check the recipient list, Ukrainian text, offer terms and opt-out function.

Keep a copy of each message, the recipient list and the delivery results. If a customer withdraws consent, do not add them to a new campaign by reloading an old database.

Mass customer messaging in Torgsoft

The additional “Mass Customer Messaging” option lets you send SMS, Viber and email messages from the program. It works with Torgsoft Ultra and Torgsoft Terminal; the official page states that it is supported from version 7.6.4, database 354. The license is valid for one year: for Ultra, purchase one for each workstation; for Terminal, purchase one per server. Pay for SMS and Viber separately through an external service.

Before using the feature, connect and configure an SMS or Viber service available in the program. For email, configure sending through Outlook, SMTP or SendGrid. In “Marketing → Mass Mailing” mode, the manager selects customers, prepares a template and creates a message. Customer records contain fields for consent to receive information by SMS and email. Fill them in based on consent received; keep the consent wording and evidence separately. After a customer opts out, clear the relevant consent field and exclude the contact from advertising mailings through that channel. Also check campaigns already created, repeat sends and Viber lists. In the Viber template, check the “Send via SMS if delivery fails” field: if set to “Yes,” the program may send the message by SMS after a Viber error. Consent to that channel is also required for advertising SMS messages; if you do not have it, turn off the SMS fallback.

Before sending, check the offer against the promotion prices and dates, and test the opt-out method. After launch, review delivery statuses. A mark in the customer record helps manage the database, but by itself it does not prove that the customer gave written consent.

Photos, music and comparisons with competitors

Article 4 requires compliance with intellectual property laws. Before using a photo, music, video or design, check that you have the rights to use it in advertising. Keep the contract or license defining the permitted uses. An image being available on the internet does not confirm that you have permission to use it.

To use a person’s name or image, Article 8 requires consent in written form, including electronic form, or consent from other persons obtained in the manner prescribed by law. The exception for a person who posed or performed a role in advertising in exchange for compensation applies to their image. The law also provides exceptions for an image of a participant in an audiovisual work or program used in advertising that work or program, if the advertiser has sufficient rights, and for showing banknotes and coins with images of people. For a customer’s or employee’s photo, obtain consent for advertising use and agree on the materials in which it will appear.

Comparisons with a competitor are permitted subject to Article 11. Advertising must not involve unfair business practices. Compare similar goods that meet the same needs or serve the same purpose, or activities in the same field or of the same type. Use objective, material, comparable and representative features, including price. Do not discredit a competitor, give false information, create confusion between sellers, goods or their identifiers, or depict a competitor’s product protected by a trademark or trade name in a way that imitates it. Goods with a designation of origin may be compared with goods carrying a similar designation.

If you compare prices, keep evidence of the model, configuration, price and purchase terms at both sellers. The advertiser is responsible for an unlawful comparison.

Discrimination, children and job ads

Advertising must not contain discriminatory claims or images, or incite hatred, hostility or cruelty on the basis of sex, age, disability, origin, language or other characteristics. Claims and images suggesting the superiority of one sex over another, stereotypical roles that promote degrading or contemptuous attitudes, humiliation based on sex, and depictions of violence on that basis are prohibited. The law also prohibits using a person’s body or body parts solely as a sexual object to attract attention, as well as words, sounds or images of sexual relations unrelated to the product or how it is used. The requirement in Article 8(1)(15) does not apply to social advertising aimed at condemning such conduct.

All advertising is prohibited from calling on children to buy a product or ask others to buy it. Do not show children consuming or using products intended only for adults or that the law prohibits children from purchasing or consuming. Do not undermine the authority of parents, other legal representatives or teachers, or children’s trust in them. Do not show children in dangerous situations or in circumstances that could harm them or others if imitated. Advertising must not encourage children to disregard risks to health and life, cause them moral or physical harm, or make them feel inadequate. Do not imply that owning a product gives a child an advantage over other children. For products intended mainly for children, do not claim that every family can afford them regardless of budget. Advertising is generally prohibited from showing, including graphically, the use of real or toy firearms and explosive devices. For this prohibition specifically, Article 20 provides exceptions: social advertising on preventing offenses, state sovereignty, security, defense and patriotic education; social advertising promoting paramilitary and military formations within state bodies and patriotic education; and advertising and trailers for audiovisual works.

In job ads for store positions, describe the duties, skills, schedule, pay and work location. Do not set requirements based on age, sex, marital status, place of residence or other characteristics unrelated to the nature of the work or its conditions.

Article 11 of the Law of Ukraine “On Employment of the Population” and Article 17 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” permit offering a job only to people of a particular sex as an exception for specific work that can be performed exclusively by such people. An owner’s preference for hiring a salesperson of a particular sex does not justify this exception. Employers also may not ask candidates for information about their personal lives or plans to have children.

Example job ad: “Sales consultant wanted. Duties: advise customers, process sales and receive goods. Computer skills required. Address, schedule, pay and contact for applications: […]”. The owner or hiring manager should check the ad before publishing it on each platform.

Store signs and outdoor advertising

Under Article 9(6), a sign may contain a registered or trade name, a trademark that the person lawfully uses, the type of business and business hours. The law specifies where it may be placed: inside premises the person owns or uses, on the exterior of a building no higher than the ground floor or on the floor where the store is located, near the entrance. Advertising calls to action and discount notices are not part of this list.

Outdoor advertising within a settlement requires a permit from the executive body of the relevant council; outside a settlement, it requires a permit from the regional state administration. Consent is also required from the owner of the land, building or structure, or a person authorized by the owner. Charging a fee for issuing a permit is prohibited.

Before ordering a structure, the owner should determine its location and apply to the relevant permitting authority under the current local procedure. Arrange installation only after obtaining the required permit and the site owner’s consent. The structure must comply with safety requirements. It must not obstruct the visibility of road signs, traffic lights, crossings, intersections or public transport stops, and must not reproduce images of road signs. Lighting must not dazzle road users or illuminate apartments. Advertising structures must not be installed on pedestrian paths or alleys, on contact network elements or on outdoor lighting equipment, including its poles. Above the carriageway, the lower edge of an ad must be at least 5 meters above the road surface. Within a settlement, an advertising surface that extends beyond the edge of the carriageway must also be at least 5 meters above it; outside a settlement, the advertising structure must be at least 5 meters from the carriageway edge. Ground-mounted supports along a road must have vertical retroreflective road markings up to 2 meters high. A permit within a public road right-of-way is arranged with the road authorities or road owner and the road safety authority specified by law. For historic monuments, their protection zones and historic areas, the relevant cultural heritage authorities must be involved.

When a product needs a separate review

Before launch, the manager should check whether the product belongs to a category with special advertising rules. A license to sell does not remove advertising restrictions. If the law requires a permit, license or mandatory certificate, the lack of that document may prohibit advertising. For advertiser-residents, Article 8 also requires the relevant information about a required permit or license to be in the appropriate register.

• Tobacco products, electronic cigarettes, liquids, devices and other products listed in Article 22 are subject to a ban on advertising and sales promotion, including online. Article 22(5) also prohibits, in advertising for any goods or services, images of the listed tobacco products, electronic cigarettes and related products, the process of smoking or using them, encouragement to use them, and negative attitudes toward abstaining from their use. Check these restrictions in ads for clothing, accessories and other store goods as well.
• For alcohol, Article 22 sets out prohibited channels, content requirements, warnings and other advertiser obligations. A standard promotional campaign template is not suitable for these products.
• Advertising for cosmetics, dietary supplements and other goods that are not in the medical categories defined by law must not promise therapeutic properties. Medicines and medical devices are subject to the separate requirements of Article 21.
• Veterinary medicines and medicated feed are subject to the special rules in Article 21-1, including requirements on registration, prescription products and sample distribution.
• Article 25-2 sets a general advertising ban for infant formula and follow-on formula, with specific exceptions.
• Advertising for weapons is permitted only in the locations and formats specified in Article 23.

If the store promotes a partner’s consumer credit or other financial service, also check the special rules for financial advertising. Do not approve such materials based only on the general requirements for advertising goods.

Who is liable for violations and what fines apply

The advertiser is responsible, among other things, for inaccurate information provided for making an ad, its content and commissioning prohibited advertising. The advertising producer is responsible for violations of third-party rights during production. The advertising distributor is responsible for how advertising is placed and disseminated. If the store creates and publishes the material itself, it may perform several of these roles.

Example calculation: if the relevant contractual cost of the advertising distributed, excluding taxes and fees, is UAH 4,000 and a fivefold fine is imposed on the advertiser, the amount is UAH 4,000 × 5 = UAH 20,000. For a repeat violation of this kind within one year, it is UAH 20,000 × 2 = UAH 40,000. This example applies to a specific basis under Article 27; separate rules apply to job ads, financial advertising and other special cases.

The State Service of Ukraine on Food Safety and Consumer Protection oversees consumer rights in advertising and the content of job ads; the Antimonopoly Committee of Ukraine handles competition matters; and the National Council of Television and Radio Broadcasting of Ukraine oversees media. At the request of a competent authority, the advertiser, producer and distributor must provide documents, explanations, recordings and other information needed about a possible violation.

The authority must notify the parties about a case review at least five working days in advance. It may require the violation to be remedied or the advertising to be stopped. Its decision may be appealed in court. Public refutation of unfair or unlawful comparative advertising is made voluntarily or by court order, at the expense of the liable person and in the same manner in which the advertising was placed.

What to prepare before launching advertising

The owner appoints an employee to approve content and monitor deadlines. In a small store, the owner can do this personally. A practical workflow:

1. Before commissioning the advertising, identify the product, audience, channels and special restrictions. Before arranging placement on a third-party website, check whether its internet address is on the national list of websites that raise concerns about compliance with intellectual property rights. Article 8(10) prohibits placing advertising on those websites; the list is published by the authorized central body for intellectual property.
2. Before approving the layout, gather evidence for prices, product claims, rights to materials and required permits.
3. Before publication, check the Ukrainian text, advertising label, dates, location, discount and material limits on the offer.
4. Before a mailing, check each recipient’s consent and make sure the opt-out is available.
5. On launch day, compare the published material with the approved layout and actual prices.
6. After the promotion ends, stop the related advertising placements and mailings, and remove expired promotional materials.

For each campaign, keep the approved layout, promotion terms, evidence for prices and claims, contracts, documents showing production and placement costs, rights to photos and music, consents and copies of publications. This recommended record set helps the store correct an error quickly and respond to a request from a supervisory authority.

Official sources

• Law of Ukraine “On Advertising” No. 270/96-VR: Article 1, Part 1, Clauses 11, 15, 19–21; Article 2, Parts 1–2; Article 4; Article 5-2, Parts 1–6; Article 6, Parts 1–6; Article 8, Part 1, Clauses 2, 8–10, 15, Parts 2–4, 7–8, 10; Article 9, Parts 1–3, 5–6; Articles 10–11; Article 14-2, Parts 3, 5; Article 14-3, Parts 1–2; Article 16, Parts 1–4; Articles 20–23, 24-1, 25-2; Article 26, Parts 1–2; Article 27, Parts 1–7, 10–13; Article 28.
• Law of Ukraine “On Consumer Protection” No. 1023-XII: Article 15, Parts 4–6 — conditions for discounts and sales, and price disclosure.
• Law of Ukraine “On Employment of the Population” No. 5067-VI: Article 11, Parts 1–3 — prohibition of discrimination and requirements for job ads.
• Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” No. 2866-IV: Article 17, Part 3 — requirements for employer announcements and information requested from candidates.
• State Service of Ukraine on Food Safety and Consumer Protection: “Know Your Rights: Advertising or Spam?” — prior consent for advertising messages and the option to opt out.