KNOWLEDGE BASE Advertising Regulations

 

Advertising Regulations in the Netherlands

 

What laws and regulations apply?

The Dutch Advertising Code Authority (ACA) created the Dutch Advertising Code, which sets out advertising rules applicable in the Netherlands. The Code includes many general advertising regulations, as well as product and industry specific advertising regulations. It includes general provisions that apply to all advertisements in the Netherlands, as well as industry and product specific codes. The ACA is a self-regulatory body, and therefore does not have governmental power, including the power to impose fines or penalties.

 

To whom and what does the Code apply?

The Code applies to all advertising in the Netherlands, irrespective of the medium used. Furthermore, the DACC enforces cross-border complaints, so all companies advertising in the Netherlands, regardless of their corporate location, should follow the requirements set out in the Code.

 

How do I comply with the Code?

The Code requires that all advertising be legal, truthful, in good taste, and decent. Advertising materials must not be misleading or aggressive. Comparative advertising, advertisements that refer to the name of a competitor’s product or service, are permitted as long as they are not misleading.

When advertising through social media platforms, you must adhere to the 2014 Advertising Code Social Media (page 31 of the Code.)

 

What are the risks of noncompliance?

The Dutch Advertising Code Committee (DACC) regulates and enforces the Dutch Advertising Code. Failure to comply with the Code can result in a consumer filing a complaint against your business. The Dutch Advertising Code explains the complaint process in detail. The DACC is a self-regulatory body, and therefore does not have governmental power, including the power to impose fines or penalties. If an individual complains about your advertising practices, the Committee will investigate the complaint and you could be required to stop using that particular advertisement or for more serious violations, the Committee will make the violation public through a press release.

 

 

KNOWLEDGE BASE Advertising Regulations