Advertising law

Advertising law: advertising within legal frameworks

Advertising is a powerful tool to bring your products or services to attention. Whether it's TV commercials, Google Ads, affiliate marketing, or social media campaigns: your message must not only be creative but also legally sound. Misleading or unlawful advertising can lead to fines, reputational damage, or claims from competitors.

What falls under advertising?

According to the Dutch Advertising Code, advertising is any form of promotion of goods, services, or ideas by or on behalf of an advertiser. This applies to both online and offline expressions, from paid advertisements to influencer collaborations and comparative product comparisons in blogs or videos.

What rules apply to advertising?

When creating advertisements, you must take into account:

• Legal rules from, among others, the Civil Code (unfair commercial practices);
• The Dutch Advertising Code and special codes for children, health products, or online sales;
• Comparative advertising: this has strict requirements. Comparisons must be objective, relevant, and not misleading.

Advertising must not:

• Be unclear about price, warranty, or availability;
• Unnecessarily portray another product negatively;
• Cause confusion about the origin of products or services.

Trademark use in advertising

Many disputes arise from the use of someone else's trademark in advertising. This is particularly relevant in:

• Webshops and second-hand sales: in some cases, you may mention the trademark;
• Google Ads: you may use someone else's trademark as a keyword, but not just in the advertisement text itself. There are exceptions and conditions;
• Affiliate content and comparison blogs: transparency and objectivity are crucial here.

Legal assistance in advertising

The specialists at BG.legal advise on:

• Conditions for lawful advertising;
• Trademark use in advertisements;
• Google Ads and keyword strategies;
• Liability for misleading or confusing advertisements;
• Conflicts with competitors or regulators.

Do you want to ensure that your advertising campaign complies with the law? Contact our experts in advertising law.