Advertising law is the basis of a level playing field in the marketing and advertising world.
Advertising law is the basis of a level playing field in the marketing and advertising world.
Advertising law is the basis of a level playing field in the marketing and advertising world. It protects not only consumers against misleading advertising, but also companies against unfair competition. Because a successful advertising campaign sometimes balances on the border between creativity and legal boundaries, our clients offer the expertise to find and maintain that balance, so that your message is effective as well as legally tenable.
In the world of advertising, too, matters are constantly influenced by technological developments, changing regulations and social trends. Traditional media are complemented by targeted advertising, influencer marketing and other innovative forms of advertising. This brings new challenges, such as whether expressions comply with rules on deception, comparative advertising and personal data protection. We also assist clients in issues surrounding freedom of expression in advertising, a topic that is becoming increasingly important in our modern society.
Advertising law in the Netherlands is largely regulated by European directives, which are incorporated in, among others, the Civil Code and the regulations of the Authority Consumer & Market (ACM). In addition, self-regulation plays an important role through the Advertising Code Foundation (Stichting Reclame Code). This combination of hard law and soft regulation requires a strategic and pragmatic approach. Our team has in-depth knowledge of these regulations and understands the market in which our clients operate, from large advertising agencies and online service providers to retailers and media companies.
Misleading advertising refers to statements that give the public a false representation of the facts, for example about the properties, price, quantity or guarantee of a product. According to Section 6:194 of the Civil Code, it is not required that the public is seriously misled; what matters is how the average consumer understands the communication. The advertiser’s intention is irrelevant here. The burden of proof lies with the advertiser, who must prove that his claims are objectively correct and complete.
Deception often arises from strong slogans or small print clarifying essential nuances. If the main message is misleading, additional information cannot correct it. Essential information must be clearly stated to enable consumers to make an informed choice. Comparative advertising is subject to strict requirements: it must be fair, transparent and objective.
In advertising disputes, we assist our clients in various procedures, such as complaints to the Advertising Code Committee or emergency summary proceedings. We react quickly and effectively when a competitor places an unlawful advertisement or when our clients are accused of deception or unfair commercial practices. With thorough fact-finding and sharp legal analysis, we ensure that your interests are protected, even under high pressure.
Our expertise extends to complex issues such as online advertising, cookies and privacy laws. We advise companies on how to operate commercially successfully within these legal frameworks. This includes issues related to new forms of advertising, such as personalised ads and the use of data analytics tools. Large companies rely on our advice to avoid legal risks while pursuing their marketing goals.
At Guldemond Advocaten, we combine in-depth knowledge of the law with practical experience in the advertising industry. Do you have any questions? If so, please contact us.
