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A blog post or message with a promotional nature is easily considered advertising. If you link to, for example, a gambling provider without a Dutch license, you may violate the statutory prohibition on promotion — even as a blogger or website owner.
When is a text advertisement?
Advertising is not limited to an advertisement. Even an apparently editorial blog can be advertising if it promotes a product or service, especially if there is compensation or an affiliate link involved. In that case, the rules for advertising apply, including prohibitions for certain products.
The ban on the promotion of gambling
The Gambling Act prohibits the promotion of gambling without a valid Dutch license. Anyone who links to such a provider via a blog may violate that prohibition. The court has confirmed that promotional text containing links can also fall under this.
Watch out for affiliate and sponsored content
If you post content or links for payment, state this clearly and verify whether the advertised product or service may be legally promoted. Ignorance of the origin of an assignment does not relieve you of your responsibility.
This is how you limit your risk
Be critical about who you allow to advertise, avoid linking to illegal content, make advertising recognizable, and record agreements with advertisers in writing. This will help you avoid fines and reputational damage.
Frequently Asked Questions
Does a regular blog also count as advertising?
If the text promotes something and there is a commercial interest or compensation involved, often yes. In that case, advertising rules apply.
May I link to a foreign gambling site?
Not if it does not have a valid Dutch permit: in that case, you may violate the promotion ban.
Should I label sponsored content?
Yes, paid or sponsored content must be identifiable as such. Hidden advertising is not permitted.
Are you unsure if your content is allowed?
Our legal experts review your advertisements and affiliate agreements. View our marketing and advertising lawteam or schedule a free consultation.
