Advertising law forms the basis of a level playing field in the world of marketing and advertising.
Advertising law forms the basis of a level playing field in the world of marketing and advertising.
Advertising law forms the basis of a level playing field in the world of marketing and advertising. It not only protects consumers against misleading advertising, but also protects businesses against unfair competition. Because a successful advertising campaign often balances on the line between creativity and legal boundaries, we offer our clients the expertise to find and maintain that balance, ensuring that your message is both effective and legally sound.
The advertising world is also constantly influenced by technological developments, changing regulations and social trends. Traditional media are being supplemented by targeted advertising, influencer marketing and other innovative forms of advertising. This brings new challenges, such as the question of whether communications comply with the rules on misleading advertising, comparative advertising and personal data protection. We also assist clients in matters relating to freedom of expression in advertising, an issue that is becoming increasingly important in our modern society.
Advertising law in the Netherlands is largely regulated by European directives, which are incorporated into the Civil Code and the regulations of the Netherlands Authority for Consumers and Markets (ACM), among others. In addition, self-regulation plays an important role through the Advertising Code Foundation. This combination of hard legislation 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 impression, for example about the characteristics, price, quantity or warranty of a product. According to Article 6:194 of the Civil Code, it is not necessary for the public to be seriously misled; what matters is how the average consumer understands the message. The advertiser’s intention is irrelevant in this regard. The burden of proof lies with the advertiser, who must demonstrate that their claims are objectively accurate and complete.
Misleading advertising often arises from powerful slogans or small print that clarifies essential nuances. If the main message is misleading, additional information cannot rectify this. 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 disputes concerning advertising, we assist our clients in various proceedings, such as complaints to the Advertising Code Committee or urgent proceedings in summary proceedings. We respond quickly and effectively when a competitor places an unlawful advertisement or when our clients are accused of misleading or unfair commercial practices. Through thorough fact-finding and sharp legal analysis, we ensure that your interests are protected, even under intense pressure.
Our expertise extends to complex topics such as online advertising, cookies and privacy legislation. We advise companies on how to operate commercially successfully within these legal frameworks. This also applies to issues related to new forms of advertising, such as personalised advertisements and the use of data analysis 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. If you have any questions, please do not hesitate to
contact
us.
