Advertising law consists of rules that apply to advertisements, that is to say the promotion of a product or a service. Advertising is bound by rules.
Advertising law is a set of rules that applies to advertising but relevant legislation is fragmented. The freedom of the advertiser is limited by rules that are laid down in the Dutch Advertising Code, the Civil Code, the Commodities Act and various European directives. There is specific legislation in the field of pharmaceutical advertising, including the Code of Conduct for Pharmaceutical Advertising and the advertising of financial products.
Regulation is also fragmented. There are several regulators who can take legal action against advertisements that do not comply with the rules. Monitoring occurs by the Dutch Central Bank and the AFM (Authorities for the Financial Market) to the extent that financial products are concerned and by the Inspection Board KOAG / KAG for pharmaceutical advertising.
We can advise you on the applicable law and assist you in proceedings. Do you have questions about advertising law or would you like to discuss a case? Please contact the Company and Insolvency section.