KNOWLEDGE BASE Direct Mail Marketing Regulations

 

Direct Mail Marketing Regulations in the Netherlands

 

What laws and regulations apply?

The Dutch Advertising Code Authority (ACA) created the Dutch Advertising Code, which sets out advertising and marketing rules applicable in the Netherlands. The Letter Box Advertising, Door-to-door Sampling, and Direct Response Advertising Code provides specific rules on direct mail marketing in the Netherlands (page 26 of the Code). In addition, all direct mail marketing campaigns and material must comply with all applicable privacy laws. More information can be found in the Data Protection and Cookie Law section.

 

To whom and what does the Code apply?

The Code applies to all advertising in the Netherlands, irrespective of the medium used. The Letter Box Advertising, Door-to-door Sampling, and Direct Response Advertising Code (page 26 of the Code) applies to all advertising materials that are distributed through the letter box (mailbox) or post office box, by direct mail or door-to-door delivery, that are not part of another medium such as a newspaper or magazine.

 

How do I comply with the Code?

All direct mail marketing materials must:

  • clearly identify the advertiser by name and address;

  • describe offered goods clearly and truthfully;

  • must include all required information, details of which can be found in the Code;

  • not send direct marketing materials to recipients who have indicated they do not want to receive such material from the advertiser. You are responsible for keeping an up-to-date, internal list. A request should be honored as soon as possible, but must be honored within three months.

 

What are the risks of noncompliance?

The Dutch Advertising Code Committee (DACC) regulates and enforces the Dutch Advertising Code, including the Letter Box Advertising, Door-to-door Sampling, and Direct Response 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 Direct Mail Marketing Regulations