The last panel session of GALA 2026 brought together speakers from Germany, Poland, India, Colombia, Mexico and the United States to cover a remarkably wide range of regulatory and legal developments, with several key threads emerging for brands, agencies, and platforms operating internationally.
Under pressure: regulation intensifies globally
Poland: Omnibus enforcement and AI-powered compliance monitoring
Poland's UOKiK has become one of Europe's most active regulators, said Jacek Myszko. The Omnibus Directive's reduced-price rules are being enforced with a rapidly flowing rush of decisions and fines, with Zalando and Temu recently hit with penalties totalling nearly €9 million.
Most notably, the UOKiK has deployed an AI-driven tool to scan digital interfaces for dark patterns. The increased use of AI by regulators to monitor compliance at scale seems inevitable, and Poland's approach is likely a preview of what other jurisdictions will adopt.
India: Deepfakes, personality rights and dignity
In Indian legal discourse, deepfakes have evolved from a reputational harm issue into a more fundamental question of dignity and consent.
India's regulatory response centres on labelling. The IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules of 2026 require all AI-generated content to carry permanent metadata and clear markers identifying it as synthetic. Meanwhile, the Digital Personal Data Protection Act 2023 prohibits targeted advertising and behavioural tracking of anyone under 18 entirely, with maximum penalties under the Act sitting at just over US$26 million.
US: Social gaming and the gambling grey zone
The US is grappling with the rapid growth of social sweepstakes casinos – platforms employing dual-currency models that blur the line between promotional gaming and gambling. A significant number of states have passed or are considering legislation targeting these structures.
Charitable sweepstakes platforms are facing new regulation too. California and Hawaii now require registration, reporting and specific disclosures from professional fundraising platforms, and there have been a number of Attorney General enforcement actions.
UX as a compliance function
The rise of the "button" in Germany
From 19 June 2026, Germany now has three button requirements, with serious consequences for non-compliance. The "pay now" button must use prescribed wording, with anything else rendering the contract void. The termination button must allow consumers to exit subscriptions in two clicks with no login wall – get it wrong and customers can terminate at any time without notice. And a brand-new withdrawal button must allow consumers to withdraw in two steps, with non-compliance exposing businesses to fines of up to four per cent of yearly turnover. UX design is now a compliance function – and privacy policies must be amended to reflect this new withdrawal function, bringing a GDPR dimension into the already-complex mix.
Building in protection: safety-by-design
Children's privacy and youth safety are heating up everywhere. In the US, we see a growing emphasis on safety-by-design principles under COPPA. India has gone further: targeted ads and behavioural tracking of anyone under 18 are flatly prohibited. The direction of travel is clear – building protection into the architecture of digital products, not bolting it on afterwards.
Navigating risky marketing
The US' anti-DEI backlash
The Sydney Sweeney/American Eagle campaign was cited as an example of how campaigns can be polarising. This is precisely why anti-DEI remains a live issue: controversy does not always carry commercial consequences, making the risk calculus for brands incredibly difficult.
Influencer liability in Latin America
Colombia offers a stark picture. Two influencers are being prosecuted for running contests without authorisation. One faces false advertising claims for guaranteeing fame within five minutes. More troublingly, "narco-influencers" have emerged – running sham contests as a front for money laundering, with predetermined winners and bot-generated traffic.
Ambush marketing – it's all about moments
With the FIFA World Cup approaching, Mexico is expected to be a battleground for both direct and indirect ambush marketing. The key insight from José Arochi's presentation: ambush marketing is fundamentally about moments. A Nike campaign around the Mexico City marathon illustrated the point perfectly – the moment passed, no action was taken, and the enforcement opportunity was gone. Legal frameworks are only as effective as the speed of enforcement.
What's next?
The panel's central takeaway was clear: global advertising law is in a period of significant flux – with regulators deploying new technologies, legislators expanding their focus, and brands facing an increasingly fragmented and demanding compliance landscape.
We will continue to monitor these developments and report on them as they evolve. In the meantime, if any of the issues discussed above are relevant to your business, please get in touch with our team.
