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You may compare yourself to competitors on your website or in advertising, but only within strict rules (Article 6:194a of the Dutch Civil Code). The comparison must, among other things, be objective, not misleading, and not disparaging. If you fail to comply with this, you risk an injunction and a claim for damages.
Comparative advertising is permitted, provided that…
Comparative advertising — in which you explicitly or implicitly refer to a competitor — has been permitted since 2002, but is subject to strict conditions (Article 6:194a of the Dutch Civil Code). The law aims to combine fair competition with the protection of consumers and competitors.
The most important conditions
The comparison must, among other things: not be misleading, compare products or services that satisfy the same need, compare objectively substantial and relevant characteristics, not create confusion, and not belittle the competitor or its brand or cling to it unfairly. All conditions apply concurrently.
The risks of violation
If your advertisement does not comply, it may be unlawful or misleading. A competitor can then seek an injunction, demand rectification, and claim damages. Regulators and the Advertising Code Committee can also take action. An ill-considered comparison can thus turn out to be costly.
This is how you do it right
Compare fairly and verifiably: use accurate, current, and objective data, compare equivalent products, and avoid disparaging or confusing statements. If in doubt, a legal check of your campaign is advisable.
Frequently Asked Questions
May I compare my product with that of a competitor?
Yes, provided you meet all the conditions of Article 6:194a of the Dutch Civil Code: objective, not misleading, not disparaging, and without confusion.
May I mention the name of a competitor?
That is allowed within the rules, as long as you do not belittle the competitor or their brand, or gain an unfair advantage from it.
What risks do I run with an incorrect comparison?
An injunction, rectification and damages, and action by regulators or the Advertising Code Committee.
Want to have your advertisement legally reviewed?
Our legal experts review your campaign and communications. View our marketing and advertising law– or IP law –team, or schedule a free consultation.
