For entrepreneurs and marketers who want to make their campaigns, claims, and advertisements legally watertight — and take action against unfair competition.
Marketing and advertising law determines what you may and may not claim in advertising and marketing: it protects the consumer against deception and the competitor against unfair competition. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from pre-screening a campaign to a dispute before the Advertising Code Committee or the ACM.
Lawyers and in-house counsel for marketing and advertising law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: misleading advertising, comparative advertising and unfair trade practices.Practical specialist legal assistance for entrepreneurs.
Specialist advice on marketing and advertising law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
What is marketing and advertising law?
Marketing and advertising law determines what you may and may not claim in advertising and marketing. It protects two interests simultaneously: the consumer against deception and the competitor against unfair competition. The core lies in the Civil Code — unfair trade practices, misleading advertising, and comparative advertising — supplemented by the self-regulation of the Dutch Advertising Code and the supervision of the Authority for Consumers & Markets (ACM).
Our lawyers and in-house counsel assist both international corporations and the baker around the corner: from pre-screening a campaign to a dispute over a misleading claim. Practical and accessible, yet legally sharp.
Unfair trading practices towards consumers
If your marketing is aimed at consumers, the rules regarding unfair commercial practices in Section 6.3.3A of the Dutch Civil Code apply. A commercial practice is misleading if you provide incorrect information regarding the main characteristics, availability, or price of a product (Article 6:193c of the Dutch Civil Code), or if you omit essential information (misleading omission, Article 6:193d of the Dutch Civil Code). Aggressive practices—intimidation, coercion, or undue influence—are prohibited under Article 6:193h of the Dutch Civil Code. The "blacklist" (Articles 6:193g and 6:193i of the Dutch Civil Code) contains practices that are always unfair, such as fake scarcity or false reviews.
Misleading advertising towards competitors
Advertising directed at other entrepreneurs falls under Article 6:194 of the Dutch Civil Code. An incorrect statement regarding the nature, composition, or origin of a product, the size of the stock, the price, or the results achieved can be misleading. An aggrieved competitor may claim an injunction, rectification, and damages. A notable feature is the reversed burden of proof: pursuant to Article 6:195 of the Dutch Civil Code, the advertiser must prove the accuracy of their factual claims themselves.
Comparative advertising: is it allowed?
Comparing your brand against that of a competitor is permitted, but under strict conditions. Article 6:194a of the Dutch Civil Code only permits comparative advertising if the comparison is objective, does not mislead, relates to comparable products, and does not detract from or benefit another's trademark. If you do not meet all the conditions, the advertisement is unlawful and, moreover, you may easily infringe upon trademark rights. We assess in advance whether your comparison stands the test.
Dutch Advertising Code and ACM
In addition to the law, the self-regulation of the Dutch Advertising Code applies. A consumer or competitor can file a complaint with the Advertising Code Committee; the Appeals Tribunal rules on appeal. Furthermore, the ACM supervises unfair trade practices and can impose substantial administrative fines. We assist you in proceedings before the Advertising Code Committee and during investigations or enforcement by the ACM.
Influencer marketing, claims and online advertising
The same rules apply to influencer marketing, sponsored content, and online advertisements: advertising must be recognizable as such and must not be misleading. Hidden advertising and undisclosed partnerships constitute an unfair trade practice. For claims regarding health, sustainability (greenwashing), or price promotions, the substantiation is crucial. If you collect or use personal data for direct marketing, you also fall under privacy law (GDPR) and, for webshops, the rules for e-commerce.
Marketing and advertising law for SMEs and corporations
Specialized advertising law firms often focus on major brands and media agencies. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and small business owners. Accessible and practical, yet with the legal depth to make a campaign watertight in advance or to conduct a dispute decisively.
Relationship with trademark law, copyright and contracts
Marketing and advertising law rarely stands alone. If you use images, music, or texts from others, copyright and broader intellectual property apply. If you enter into agreements with an advertising agency, influencer, or media party, contract law comes into play. We keep this connection in mind so that your campaign is legally sound from start to finish.
What we help with
From pre-screening a campaign to taking action against a misleading competitor — our lawyers and legal experts support you in every area of marketing and advertising law.
Pre-screening of advertisements, claims, and campaigns
Assessing and drafting comparative advertising (Article 6:194a of the Dutch Civil Code)
Advice on unfair trade practices and the blacklist (Section 6.3.3A of the Dutch Civil Code)
Taking action against misleading advertising by competitors (Article 6:194 of the Dutch Civil Code)
Procedures before the Advertising Code Committee and the Appeals Tribunal
Assistance with investigations and enforcement by the ACM
Advice on influencer marketing, sponsorship, and online advertising
Assessing sustainability and health claims (greenwashing)
Contracts with advertising agencies, influencers, and media parties
Demand letters, rectifications, and summary proceedings regarding unlawful advertising
When do you engage this team?
Often, a brief preliminary assessment is cheaper than a dispute afterwards. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You want to launch a new campaign or claim and know if it is allowed
In advertising law, a preliminary assessment prevents most problems. Before you launch a claim or campaign, we assess the communication based on the Dutch Civil Code, the Dutch Advertising Code, and the practice of the ACM. This ensures you know whether your message holds up — and in the event of a dispute, we make a conscious choice between modifying, defending, or litigating, rather than resorting to the first available step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your communication or dispute, the target audience (consumer or business), and your objective.
2
Analysis
We assess the communication against the Dutch Civil Code, the Dutch Advertising Code, and ACM practice, and identify the risks.
3
Strategy
We choose the route — adapt, defend, the Advertising Code Committee, or the court — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from rewriting a claim to litigating or defending against the ACM.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Marketing & Advertising Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of advertising law. In addition, they have specialized in one or more areas of focus within consumer law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert best suited for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about marketing and advertising law
The questions entrepreneurs and marketers ask us most often.
Am I allowed to compare my product with that of a competitor?
Yes, but under strict conditions. Article 6:194a of the Dutch Civil Code permits comparative advertising if the comparison is objective and not misleading, concerns comparable products, and does not detract from or unfairly benefit the competitor's trademark. We review your advertisement in advance so that you are not faced with any surprises.
When is advertising misleading?
Advertising is misleading if it provides incorrect information or omits essential information, causing the average consumer to make a decision they would not otherwise have made. Article 6:193c of the Dutch Civil Code applies to consumers, and Article 6:194 of the Dutch Civil Code applies to competitors. In the case of factual claims, the burden of proof rests with you as the advertiser (Article 6:195 of the Dutch Civil Code).
What does the Advertising Code Committee do, and what does the judge do?
The Advertising Code Committee assesses complaints based on the Dutch Advertising Code (self-regulation); its rulings are not directly enforceable but are authoritative. For an injunction, rectification, or damages, you must go to the civil courts. In addition, the ACM can enforce administratively and impose fines. We advise on which route yields the best results in your situation.
Do the advertising rules also apply to influencer marketing?
Yes. Sponsored content and collaborations must be clearly identifiable as advertising; hidden advertising is an unfair trade practice. This applies across all channels, including for small business owners working with a single influencer. We help you with clear agreements and a working method that complies with the rules.
Do I need a lawyer or a legal expert?
That depends on your situation. For pre-screening a campaign, advice on claims, filing a complaint with the Advertising Code Committee, or defending against the ACM, an in-house counsel is often sufficient. For summary proceedings or main proceedings before the court, a lawyer is mandatory. We have both in-house and determine together with you what is appropriate.
Is marketing and advertising law also for small business owners?
Yes. Whether you are an international corporation or the baker on the corner: as soon as you advertise, the rules apply. Especially for smaller entrepreneurs, a brief check beforehand prevents a costly misstep later on.
Discuss your situation with a specialist in marketing and advertising law.Our marketing and advertising lawyers and legal experts help both large companies and small business owners. Schedule a meeting and find out within a single session whether your communication holds up or where you stand.
