Advertising? Make sure you don’t break the law
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Advertising is an undeniable means of bringing a new product or service to the attention of the public. The advertising message must be catchy, attract attention and convince the consumer. But what about legislation on advertising?
There are now various forms and platforms on which advertising can be done. Think of TV and radio commercials, advertising in (daily) newspapers or on social media, with or without the use of an influencer. For an advertisement, you often look from a marketing perspective. This sometimes causes you to see problems through a legal perspective.
What should you pay attention to when advertising?
Dutch law does not specify in so many words what an advertisement must comply with. Dutch law has general articles on misleading and comparative advertising and on unfair commercial practices. In addition, there is the Dutch Advertising Code (‘ NRC ‘) which contains rules on advertisements.
The Dutch law
Misleading advertising is, as the name suggests, advertising that can mislead the consumer. When essential information is omitted from an advertisement, which is necessary for the consumer to make a decision about the purchase, this is misleading advertising.
Comparative advertising is not prohibited, provided that it meets the conditions for comparison. The comparison may of course not be misleading or damage the reputation of the other. The comparison must be based on objectively verifiable characteristics of the products, such as the price.
Sometimes a comparison is also made with a portugal email list 2 million contact leads well-known product in order to draw attention to your own product or service through the brand’s fame. You must be careful not to take unfair advantage of the brand’s fame.
A commercial practice – which includes advertising – is unfair if it restricts the consumer’s decision-making, causing the consumer to make a purchasing decision that he or she would not otherwise have made.
Person chooses wrong direction source: eamesBot Shutterstock
The Dutch Advertising Code
The NRC contains rules for advertising expressions. want to increase your webshop’s turnover? get started with product bundles These are specific rules that have been drawn up in consultation with the advertising industry. The big difference between the NRC and the aforementioned articles of law are the consequences.
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If you break the law, you can be sentenced to pay damages and place a rectification. This is not the case with a ‘conviction ‘ based on the NRC. The consequence of breaking the NRC is ‘ naming and shaming’ . The media publish and follow the assessments of the complaints.
The Advertising Code Foundation (‘ SRC ‘) is the foundation that deals with the NRC. Parties can file a complaint with the SRC in which they indicate that a certain advertisement is in conflict with the NRC and/or with one of the specific advertising codes.
The NRC consists of a general section and special advertising codes. Think of the special codes for Social Media & Influencer Marketing, Children and Youth Advertising Code and the Advertising Code for Cosmetic Products.