Best Advertising and Marketing Lawyers in Beilen

About Advertising and Marketing Law in Beilen, Netherlands

Beilen is part of the municipality of Midden-Drenthe in the province of Drenthe. Advertising and marketing in Beilen are governed primarily by Dutch national law and European Union rules, complemented by local municipal by-laws and permit requirements for activities in public spaces. Businesses and creators must also follow the Dutch Advertising Code, a well-established self-regulatory framework enforced by the Advertising Code Committee.

In practice, this means your campaigns in Beilen must comply with consumer protection laws against misleading practices, privacy and cookie rules, sector-specific advertising standards for sensitive products, intellectual property law, and local rules for outdoor advertising, events, and signage. Public authorities such as the Netherlands Authority for Consumers and Markets and the Dutch Data Protection Authority supervise compliance, while the municipality manages permits and local enforcement.

Why You May Need a Lawyer

You may need a lawyer when planning or running campaigns that could trigger regulatory or contractual risks. Common examples include substantiating claims about performance, sustainability, or health, structuring price promotions and discounts, designing cookie banners and consent flows, negotiating influencer agreements and agency contracts, running sweepstakes and promotional games, conducting telemarketing, or launching cross-border EU campaigns. Legal support is also useful when handling complaints filed with the Dutch Advertising Code Committee, responding to investigations by authorities, clearing intellectual property rights for images, music, or trademarks, and navigating local permit issues for outdoor signage or events in Beilen.

Local Laws Overview

Consumer protection and advertising content. Dutch law implements EU rules on unfair commercial practices and misleading and comparative advertising. Ads must be truthful, clear, and substantiated. Comparative advertising is allowed if objective and non-misleading. The Civil Code contains key provisions, and enforcement can involve the Netherlands Authority for Consumers and Markets and the courts.

Self-regulation. The Dutch Advertising Code is administered by the Advertising Code Committee and includes general rules and sector codes, such as the Social Media and Influencer Advertising Code, the Children and Youth Advertising Code, the Alcohol Advertising Code, the Code for Gambling Advertising, the Environmental Advertising Code for green claims, and codes for food and health claims. The Committee can assess complaints quickly and its decisions are widely followed.

Privacy and cookies. The General Data Protection Regulation applies to personal data in marketing, including profiling, analytics, and CRM. The Telecommunications Act requires prior consent for non-essential cookies and similar tracking technologies. Consent must be informed, specific, freely given, and as easy to refuse as to accept. Transparency and the ability to withdraw consent are essential.

Telemarketing and email. The Telecommunications Act generally requires prior consent to call consumers for marketing. An exception exists for your own customers for similar products or services, subject to strict conditions and opt-out rights. For email marketing, consent is required for consumers, with a limited soft opt-in for your own customers. Business-to-business outreach is more flexible but still requires clear identification and easy opt-out.

Price transparency and promotions. Dutch rules implementing the EU Omnibus Directive require that percentage-off and was-now claims for most consumer goods refer to the lowest price applied in the 30 days before the promotion. Total price, taxes, and unavoidable costs must be communicated clearly. Personalized pricing and rankings on your own platforms must be explained transparently.

Sector-specific restrictions. Alcohol, gambling, tobacco, health and medical products, and financial services have strict ad rules. There is a ban on untargeted gambling advertising. Advertising prescription-only medicines to the public is prohibited. Health and nutrition claims are tightly controlled.

Influencer and platform rules. Influencer posts must disclose material connections clearly and prominently using unambiguous labels. Larger video creators may have additional obligations under the Dutch Media Act. Platforms have transparency duties under EU rules, and advertisers should expect heightened disclosure and brand safety requirements.

Intellectual property and clearance. Using third-party content requires licenses. Comparative references to competitor brands must be objective and fair. Trademark use in keyword advertising is restricted if it causes confusion or implies affiliation.

Local Beilen and Midden-Drenthe rules. Outdoor advertising, shopfront signage, illuminated signs, banners, and billboards can require an environmental permit under the Environment and Planning Act, which took effect in 2024. The municipal general by-law sets rules for leafleting, posters, event promotion, and objects on sidewalks such as A-boards. Protected buildings and areas may have additional heritage rules. Permits and notifications are handled through the national online permitting portal and the municipality of Midden-Drenthe.

Frequently Asked Questions

Do I need permission to hand out flyers, hang posters, or place A-boards in Beilen?

Yes, local rules apply. The municipal general by-law of Midden-Drenthe sets conditions for distributing leaflets, placing posters in public spaces, and positioning A-boards on sidewalks. You may need a permit or must follow specific time, place, and cleanliness conditions. Objects that obstruct pedestrians or create safety risks can be removed. For fixed or illuminated signage, an environmental permit under the Environment and Planning Act may be required.

Can I email marketing to consumers without consent?

Generally no. The Telecommunications Act requires prior consent to send direct marketing emails to consumers. A limited soft opt-in applies for your own customers if you obtained the address during a sale, you promote similar products or services, you provide an opt-out at collection, and an opt-out is included in every message. For business contacts, rules are more flexible but you must identify yourself clearly and provide an easy opt-out.

What must my cookie banner include in the Netherlands?

You need prior consent for non-essential cookies and similar tracking, such as analytics that track individuals and advertising cookies. Consent must be clear, granular where appropriate, not bundled with terms, and as easy to refuse as to accept. Pre-ticked boxes are not valid. Explain the purposes, name the parties that set cookies, record consent, and allow withdrawal. Essential cookies needed for the service can be used without consent but must still be disclosed.

How should influencers disclose sponsored content?

Disclosures must be immediate, prominent, and understandable to the intended audience. Use clear labels such as advertentie or samenwerking, or #ad, at the start of the post or video and not hidden in a long list of hashtags. Disclose the advertiser and any material connection such as payment, gifts, or affiliate links. Do not target minors with restricted products. Larger video creators may have additional labeling duties under the Dutch Media Act.

What are the telemarketing rules when calling consumers or businesses?

Calling consumers for marketing generally requires prior consent. You can rely on an existing customer relationship for similar products or services if specific conditions are met and you honor opt-outs. Always identify the caller, the purpose, and the source of the number, do not hide your number, and provide an immediate opt-out. Business-to-business calls are more flexible but must still respect identification and opt-out requirements and avoid misleading or aggressive practices.

What are the rules for price discount claims like was-now or from-prices?

For most consumer goods, the reference price in a price reduction claim must be the lowest price used in the 30 days before the promotion. State the total price, including taxes and unavoidable costs. Delivery charges must be disclosed clearly. If prices are personalized based on profiling, you must inform consumers. Do not use fake scarcity or countdown timers without a genuine basis.

Can I reference a competitor or use their brand as a keyword?

Comparative advertising is allowed if it is objective, verifiable, and not misleading, and if it does not denigrate or create confusion. Using a competitor trademark as a keyword for search advertising can be lawful, provided the ad is clearly from you and does not imply the competitor endorses or is affiliated. Avoid using competitor logos and ensure claims are substantiated and fair.

What claims can I make about sustainability and green benefits?

Environmental claims must be specific, truthful, and supported by evidence. Avoid vague terms like eco-friendly or climate neutral without clear explanation. If you rely on offsets, explain the method and its limitations. Do not present goals or future targets as if they are current facts. Use certifications responsibly and avoid creating your own seals that look like official endorsements.

Are contests and giveaways allowed, and what rules apply?

Promotional games of chance are allowed under specific conditions in the Code of Conduct for Promotional Games of Chance. Entry should be free or low cost, prizes must be proportionate, and participation terms must be clear, including eligibility, duration, selection method, and privacy information. Full games of chance outside the promotional framework require a license. Be careful with participation by minors and with platform-specific rules.

Can I publish customer reviews and what transparency is required?

Yes, but you must be transparent about how you collect, verify, and moderate reviews. Do not buy fake reviews or misrepresent endorsements. If you incentivize reviews, disclose this. If your site ranks reviews or products, explain the main ranking parameters. You must not state that reviews are verified unless you actually check them.

Additional Resources

Netherlands Authority for Consumers and Markets - supervises consumer protection, unfair commercial practices, and some aspects of advertising enforcement.

Dutch Data Protection Authority - supervises GDPR compliance in marketing, profiling, and data processing.

Advertising Code Committee - administers the Dutch Advertising Code and handles complaints about advertising.

Commissariaat voor de Media - oversees media and certain influencer and video creator obligations under the Media Act.

Municipality of Midden-Drenthe - responsible for local permits, public space advertising, and enforcement of the municipal general by-law in Beilen.

National permitting portal for the Environment and Planning Act - used to apply for environmental and signage permits.

Benelux Office for Intellectual Property - trademark and design registration and guidance on brand protection relevant to advertising.

Kansspelautoriteit - supervises gambling and promotional games of chance.

KOAG-KAG - pre-clearance and guidance for health-related advertising and medical claims.

Netherlands Chamber of Commerce - general business information, including advertising and marketing compliance resources for entrepreneurs.

Next Steps

Map your activities. List your channels, audiences, and formats, including outdoor ads in Beilen, website and app tracking, email and telemarketing, influencer collaborations, and promotions or contests.

Identify risk areas. Flag claims that require evidence, such as performance, sustainability, price reductions, or health benefits. Note any use of third-party content, trademarks, or comparative statements.

Check local requirements. If you plan posters, banners, A-boards, or illuminated signage in Beilen, contact the municipality of Midden-Drenthe and use the national permitting portal to determine whether an environmental permit or a notification is required.

Tighten privacy and consent. Review cookie banners, consent records, privacy notices, CRM processes, and unsubscribe mechanisms for email and telemarketing. Ensure refuse is as easy as accept for non-essential cookies.

Document substantiation. Collect and organize the evidence supporting your claims and pricing history. Maintain audit trails for price reductions, reviews, and sustainability statements.

Formalize contracts. Put in place written agreements with agencies, affiliates, and influencers covering disclosure, content approvals, IP rights, data protection, and indemnities.

Prepare for complaints. Assign a contact point, monitor feedback channels, and be ready to respond to inquiries from the Advertising Code Committee or authorities with clear records and corrective plans.

Consult a lawyer. Share your materials, timelines, and objectives early, especially for high-visibility or time-sensitive campaigns, so issues can be resolved before launch. A lawyer familiar with Dutch advertising law and local Beilen permit practice can help you minimize risk and keep your campaign on schedule.