The Regulation for the reform of professional regulations ( art. 4 ) allows advertising for notaries , carried out by any means, concerning the activity of the regulated professions, the specializations, the qualifications held relating to the profession, the structure of the professional office and the fees requested for the services.
Advertising must be functional to the object , truthful and correct.
It must not violate the obligation of professional chinese overseas asia phone number data secrecy and must not be ambiguous, misleading or denigrating. A reference to the Consumer Code and the discipline of Misleading Advertising is particularly significant , as regards the intentions and contents of informative advertising.
Advertising for notaries, what is the promotional purpose?
Article 4 paragraph 2 of the Consumer Code establishes that
“the activities aimed at educating consumers , carried out by public or private entities, do not have promotional purposes , they are aimed at explaining the characteristics of goods and services and making the benefits and costs resulting from their choice clearly perceptible; furthermore, they take into particular consideration the most vulnerable categories of consumers”.
“safety, composition and quality (…) of the services constitute essential content of the information obligations”.
Advertising for notaries, the European regulatory framework
The provision complies with European guidelines (EC Directive no. 123 of 12/12/2006 on services in the internal market – the so-called Bolkestein Directive ), which, while abolishing any prohibition on information communication, requires that the message be truthful, compliant with professional rules and take into account integrity, dignity and professional secrecy.
On the other hand, with reference to information via the web, the directive on electronic commerce 2000/31/CE (implemented by Legislative Decree 9 April 2003, n. 70), had already foreseen that in regulated professions commercial communication
“must comply with the rules of professional ethics and in particular with independence, dignity , honour of the profession , professional secrecy and loyalty towards clients and colleagues”.
Advertising for Notaries and Unfair Practices
Directive 2005/29/EC on unfair commercial practices (implemented by Legislative Decree no. 146 of 2 August 2007) had provided for the prohibition of misleading advertising, harassing advertising and advertising contrary to the rules of professional diligence.
The following art. 5 paragraph 2 reiterates that
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