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 advertising oversteps the mark and whether or not it is misleading.

In that context we assess whether the advertising is complete and contains no inaccuracies. We assess the use of superlatives (the biggest, the best and so on). We assess the use of a competitor’s name in the advertising. We look at whether a particular statement is in fact advertising. We look at whether the manner of dissemination takes place in accordance with the applicable rules. In that connection we also assess the privacy aspects. We further assess sponsorship in television programmes. We know the European sources well and use them where necessary.

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 starting summary proceedings where a company or competitor engages in advertising that is not permitted.

We are very well informed about new developments and about the applicable rules. 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.