Advertising law

Advertising law protects consumers against misleading advertising and regulates commercial communication. We advise on permissible advertising, influencer marketing, disclaimers and disputes with regulators such as the Advertising Code Committee or the ACM. We assess in advance whether an advertisement goes too far and whether or not it is misleading.

We check whether the advertising is complete and contains no inaccuracies, and how far you can go with superlatives such as the biggest or the best. We look at the use of a competitor’s name, at whether a particular statement counts as advertising at all, and at whether the way it is distributed complies with the applicable rules. The privacy aspects are part of that assessment, as is sponsorship in television programmes. We know the European sources well and use them where they matter.

We also litigate on advertising law after the event, in response to a complaint or claim from a consumer or competitor. Or we advise on lodging a complaint or bringing interim injunction proceedings where a company or competitor engages in advertising that is not permitted.

We follow new developments and the applicable rules closely. We maintain good relations with the Dutch Advertising Code Foundation (Stichting Reclame Code), which sets the advertising rules. We have contributed to the drafting of virtually all the advertising codes currently in force.

We work on a long-term and intensive basis with the relevant trade associations, such as DDMA and NUV.