Best Advertising and Marketing Lawyers in Hasselt

About Advertising and Marketing Law in Hasselt, Belgium

Advertising and marketing in Hasselt operate within a layered legal framework. European Union rules set many baseline consumer and digital standards. Belgium implements and supplements these rules through federal laws that apply nationwide, with additional Flemish Region rules for audiovisual media and language use. Local municipalities, including the City of Hasselt, can also regulate outdoor signage and the use of public spaces for promotional activities. Businesses active in Hasselt must therefore consider EU law, Belgian federal law, Flemish media and language rules, and municipal bylaws when planning campaigns, promotions, and digital activities.

The core federal source is the Code of Economic Law, which governs market practices, consumer protection, e-commerce, price promotions, and unfair commercial practices. Data-driven marketing is shaped by the EU General Data Protection Regulation and Belgian e-privacy rules. Sector-specific rules apply to areas like alcohol, gambling, financial services, health products, and audiovisual advertising. Belgium also has a well-established self-regulatory system through the Jury for Ethical Practices in Advertising that issues binding decisions for participating advertisers and provides guidance that is widely followed.

Why You May Need a Lawyer

Launching a new campaign or product claim may require legal review to ensure your messaging is not misleading and that you hold adequate substantiation. Comparative advertising against competitors must meet strict conditions to be lawful. Price reductions and sales announcements must follow specific presentation rules, including how you reference the previous price and the timing of seasonal sales.

Digital marketing raises privacy and e-privacy questions. Consent for cookies, remarketing, email and SMS outreach, and influencer collaborations must be structured correctly and documented. Influencer posts and native advertising need clear and prominent disclosure in the correct language for the target audience.

Promotions, contests, and giveaways require compliant terms and conditions, fair mechanics, and appropriate permits or notifications in some cases. Using third-party trademarks, celebrity images, or user-generated content involves intellectual property and image rights analysis. Environmental and sustainability claims need robust evidence to avoid greenwashing risk.

Sector rules can be complex. Alcohol, gambling, medicinal products, medical devices, and financial services all have additional advertising controls. Audiovisual ads must observe Flemish media rules and protections for minors.

Local execution often requires municipal approvals for outdoor signage, street marketing, or events. If you receive a challenge from a competitor, a complaint from the self-regulatory body, or a notice from a regulator such as the Federal Public Service Economy or the Belgian Data Protection Authority, prompt legal advice can help manage risk and resolve the matter efficiently.

Local Laws Overview

Market practices and consumer protection. Book VI of the Belgian Code of Economic Law prohibits misleading and aggressive practices, sets conditions for comparative advertising, governs distance selling and returns, and requires clear pre-contractual information. The EU Omnibus rules, implemented in Belgium, introduced stricter transparency for online marketplaces, review authenticity, and price reduction announcements. When announcing a price reduction, the reference price is generally the lowest price applied in the previous 30 days.

E-commerce and digital marketing. Book XII of the Code of Economic Law regulates the information that must be displayed on websites and in electronic commerce. Email and SMS marketing to consumers generally require prior opt-in consent, with a limited soft opt-in for existing customers for similar products. B2B outreach also engages privacy law if natural persons are targeted.

Privacy and cookies. The GDPR applies to all personal data processing. The Belgian e-privacy rules require prior consent for non-essential cookies and similar tracking technologies. Consent must be informed, specific, freely given, and recorded. Dark patterns and pre-ticked boxes are not valid. If you use a consent management platform, ensure it is configured in line with Belgian and EU guidance.

Influencer and native advertising. Sponsored content must be clearly labeled as advertising and the disclosure must be prominent, immediate, and in the language of the audience. For Dutch-speaking audiences in Hasselt, use terms such as advertentie, reclame, or publiciteit rather than English-only tags. Hidden advertising is prohibited across media, including social platforms.

Language requirements. In the Flemish Region, key consumer-facing documents and information, including advertising directed at consumers and certain contractual and commercial documents, must be in Dutch. Multilingual campaigns are common, but ensure that Dutch is provided for Flemish consumers and that disclosures and mandatory statements are not only in a foreign language.

Sales periods and promotions. Belgium maintains regulated winter and summer sales periods for certain product categories such as clothing and footwear, with restrictions on pre-sales advertising and price announcements. Check the current dates and rules before promoting discounts in these sectors.

Children and youth protections. Marketing directed at children must avoid exploiting credulity, must be clearly identifiable as advertising, and must not encourage unsafe or unhealthy behavior. Audiovisual media carry additional protections under Flemish rules and the EU Audiovisual Media Services framework.

Sector-specific regimes. Alcohol ads must comply with the Belgian Alcohol Advertising Code, include mandatory warnings, and avoid targeting minors. Gambling advertising is highly restricted with strict content and placement limitations. Financial promotions must be fair, clear, and not misleading, with FSMA oversight for many products. Advertising for prescription-only medicines to the public is prohibited, and advertising of over-the-counter medicines and medical devices is tightly controlled with content and format requirements.

Environmental claims. Claims such as eco-friendly, carbon neutral, or sustainable must be specific, accurate, and substantiated with verifiable evidence. Vague or exaggerated green claims risk enforcement action under unfair practices rules.

Intellectual property and image rights. Use of third-party logos, brand elements, and copyrighted content requires authorization unless a legal exception applies. Belgium recognizes portrait rights for identifiable individuals, so commercial use of a person’s image generally requires consent. Comparative ads must be objective, verifiable, and not denigrate a competitor’s trademarks or reputation.

Municipal permits. Outdoor advertising, signage, temporary banners, and street promotions may require city permits and must comply with local urban planning and public domain rules. The City of Hasselt has bylaws that define size, placement, and aesthetic standards for signs.

Enforcement and dispute resolution. The Federal Public Service Economy and the Belgian Data Protection Authority can investigate and sanction violations. The self-regulatory Jury for Ethical Practices in Advertising can order modification or withdrawal of non-compliant ads. Disputes are heard by the competent enterprise court, with urgent relief available through cease-and-desist proceedings in appropriate cases.

Frequently Asked Questions

Which laws apply to my advertising in Hasselt

Your campaign must comply with EU consumer and digital rules, the Belgian Code of Economic Law, GDPR and e-privacy, Flemish media and language requirements, and any Hasselt municipal bylaws for outdoor or event-related advertising. Sector-specific rules may also apply depending on your product.

Do I need to provide Dutch language information in Hasselt

Yes. For consumer-facing advertising and key commercial documents in the Flemish Region, Dutch must be used. You can add other languages, but Dutch should be available and any mandatory disclosures must be clear in Dutch for Dutch-speaking audiences.

What are the rules for price reductions

When announcing a discount, you generally must compare the new price to the lowest price charged in the previous 30 days. Keep records of your pricing history. Additional restrictions apply to pre-sales advertising for clothing and shoes before the official winter and summer sales periods.

Can I send marketing emails without consent

For consumers, prior opt-in consent is generally required. A limited soft opt-in exists if you obtained the email during a sale of a product or service and you market similar products with an easy unsubscribe. For business contacts, privacy rules still apply where individuals are identifiable, and opt-out options and transparency are essential.

What do I need to disclose in influencer marketing

Sponsored posts must be clearly identified as advertising from the first glance. Use clear Dutch terms like advertentie or reclame for Dutch-speaking audiences. Disclosures must be prominent, not hidden in tags or after a fold, and should appear on every sponsored piece of content.

How do I substantiate claims and comparative ads

You need evidence that is accurate, current, and relevant to the claim at the time the ad runs. Comparative advertising must compare goods or services meeting the same needs, be objective and verifiable, and not create confusion or disparage a competitor. Keep substantiation files ready for inspection.

What are the rules for promotions, contests, and giveaways

Promotions must be fair, transparent, and accompanied by clear terms and conditions that explain eligibility, mechanics, prizes, and timing. Avoid misleading probabilities or hidden costs. Sector and platform rules may add extra requirements, and some mechanics can trigger additional legal obligations.

Do I need consent for cookies and tracking

Non-essential cookies and similar technologies require prior, informed consent. Provide a granular choice, avoid pre-ticked boxes, and allow users to withdraw consent as easily as they gave it. Document consent signals and align your consent tool with Belgian expectations.

Are there special rules for alcohol, gambling, and health product ads

Yes. Alcohol ads must follow the national code and must not target minors. Gambling advertising is heavily restricted and subject to specific content and placement limits. Prescription medicines cannot be advertised to the public. Over-the-counter medicines and medical devices face strict content rules and mandatory statements.

What should I do if a regulator or a competitor challenges my ad

Stop the contested campaign if risk is high, preserve all substantiation and records, and consult a lawyer immediately. You may need to respond to the regulator, adjust the ad, or seek a negotiated solution. In urgent cases, courts can order or prevent further dissemination through swift proceedings.

Additional Resources

Federal Public Service Economy - consumer protection and market practices regulator.

Belgian Data Protection Authority - privacy and direct marketing oversight.

Vlaamse Regulator voor de Media - Flemish audiovisual media oversight.

Jury voor Ethische Praktijken inzake Reclame - advertising self-regulatory body.

Financial Services and Markets Authority - financial promotions oversight.

Federal Agency for Medicines and Health Products - medicinal products and medical devices advertising control.

Belgian Gaming Commission - gambling advertising oversight.

Benelux Office for Intellectual Property - trademark and design registration for Benelux.

City of Hasselt - municipal permits for signage, outdoor ads, and events.

Local enterprise court in Hasselt - disputes related to market practices and advertising.

Next Steps

Map your campaign. List all channels, claims, visuals, target audiences, and geographies. Identify whether your product falls into a regulated sector such as alcohol, gambling, finance, or health.

Assemble substantiation. Gather technical tests, consumer research, certifications, and pricing records to support all explicit and implied claims, and to comply with the 30-day price reduction rule where relevant.

Review disclosures and language. Prepare clear Dutch disclosures for Hasselt and Flemish audiences. Ensure influencer and native advertising labels are prominent and unambiguous.

Check privacy and e-privacy. Verify your consent flows for cookies, email and SMS marketing, and audience profiling. Update your privacy notice and records of processing activities.

Confirm sector and media rules. Align audiovisual content with Flemish media standards and protections for minors. Apply any mandatory warnings and placement restrictions for regulated products.

Assess local permits. If you plan outdoor signage or street marketing in Hasselt, determine whether a municipal permit is required and factor in processing time.

Conduct a legal pre-clearance. Engage a Belgian advertising and marketing lawyer to review your materials, terms and conditions for promotions, influencer agreements, and consent mechanisms.

Plan monitoring and response. Set up internal approval workflows, social listening, and escalation paths so you can react quickly to complaints or regulator inquiries.

Document everything. Keep dated copies of ads, disclosures, targeting parameters, influencer briefs, pricing and testing records, consent logs, and approvals. Good documentation reduces enforcement risk and speeds up responses.

Seek tailored advice. This guide is informational and not legal advice. For a specific campaign or issue in Hasselt, consult a qualified Belgian lawyer with experience in advertising, marketing, consumer, and data protection law.