Best Advertising and Marketing Lawyers in Modave

About Advertising and Marketing Law in Modave, Belgium

Modave is a municipality in the Walloon Region of Belgium. Advertising and marketing activities in Modave are primarily governed by Belgian federal law and European Union rules. Regional and local rules apply to matters like outdoor signage, the use of public space, and event promotions. Businesses and creators operating in Modave must therefore align campaigns with national consumer protection, privacy, and media regulations, while also observing Walloon planning rules and any municipal bylaws for posters, billboards, illuminated signs, and street marketing.

Belgium relies on a combination of legislation, regulatory guidance, and industry self-regulation. The Belgian Code of Economic Law sets out core requirements for fair commercial practices, price announcements, comparative advertising, e-commerce obligations, and promotions. Privacy and electronic communications rules regulate email and SMS marketing, cookies, and profiling. The Jury d’Ethique Publicitaire provides self-regulatory oversight of advertising ethics, including influencer disclosure. Sector-specific restrictions apply for sensitive products such as alcohol, tobacco, medicines, and gambling. audiovisual advertising is also supervised by the competent media regulator for the French-speaking Community.

Why You May Need a Lawyer

You may need legal help if you are launching a new campaign and want to assess compliance risks, including claim substantiation, environmental claims, and influencer disclosures. Legal input is often essential when structuring promotions, contests, and cashback offers to avoid being classified as an illegal lottery or an unfair commercial practice. Counsel can help design compliant price reductions, loyalty programs, and comparative ads, and ensure that required consumer information is clear and complete.

Companies frequently seek advice on data-driven marketing, including consent for email and SMS campaigns, cookie consent banners, profiling, and data sharing with adtech partners. A lawyer can address intellectual property questions, such as the use of third-party trademarks, music, images, and user-generated content. Local advice is useful for out-of-home advertising that may require Walloon planning approval or a municipal permit, and for street teams or temporary installations that use public space.

Legal representation can be critical if you receive a warning or investigation from the Federal Public Service Economy, the Data Protection Authority, the audiovisual regulator, or the advertising self-regulatory jury. Counsel can also assist in disputes with competitors about misleading claims, comparative advertising, or keyword advertising, and in responding to consumer complaints or requests to erase personal data.

Local Laws Overview

Market practices and consumer protection. Book VI of the Belgian Code of Economic Law prohibits misleading and aggressive practices, sets rules for comparative advertising, regulates promotions, and imposes information duties toward consumers. Price reduction announcements must reflect the lowest price applied during a recent reference period as required by EU Omnibus rules. Testimonials and reviews must be authentic and not manipulated. Green claims must be clear, accurate, and backed by evidence.

E-commerce and distance selling. Book XII of the Code of Economic Law establishes pre-contractual information duties, withdrawal rights for consumers in many distance sales, and transparency for online interfaces. Website and checkout flows must present total prices, delivery costs, key characteristics, and complaint channels in a clear manner.

Privacy and direct marketing. The EU General Data Protection Regulation applies to the collection and use of personal data for marketing. The Belgian ePrivacy rules require prior opt-in consent for most electronic direct marketing by email or SMS to individuals, with a limited soft opt-in for existing customers under strict conditions and always with an easy opt-out. Cookies and similar trackers require consent unless strictly necessary for the requested service. Profiling must be transparent and respect data subject rights.

Influencer and native advertising. Hidden advertising is prohibited. Influencer posts must include clear and immediate disclosure when there is payment or any other commercial benefit. The Belgian self-regulatory body provides practical guidance and typically expects simple labels that consumers understand, such as ad or pub or sponsorisé in French contexts.

Sector-specific limits. Tobacco advertising is largely banned. Alcohol advertising is subject to strict content rules and placement restrictions. Medicines and medical devices have extensive advertising controls. Gambling promotions are regulated and require attention to access restrictions and content standards.

Audiovisual and media. Advertising on television, radio, and on-demand services is regulated by the French-speaking Community regulator, which sets rules on advertising volume, placement, sponsorship, and product placement. Social video and livestreams with commercial content also need to respect general advertising and consumer protection law.

Competition and B2B practices. Belgian law restricts unfair practices and unfair contract terms between businesses, and prohibits abuse of economic dependence. Comparative claims about competitors must be objective, verifiable, and not denigrate trademarks or confuse consumers.

Out-of-home and municipal rules. In Wallonia, urban planning and signage are governed by the Code du Développement Territorial. Many fixed or illuminated signs require planning approval. Municipal police regulations in Modave can restrict leafleting, posters on public property, A-boards, street marketing, and event noise or hours. Use of public spaces often requires a prior permit and may entail waste and safety obligations. The administrative language in Modave is French, so applications and communications with the commune are ordinarily in French.

Frequently Asked Questions

Which laws apply to advertising and marketing in Modave

Belgian federal law and EU rules apply to commercial practices, consumer protection, privacy, and e-commerce. Walloon and municipal rules apply to land-use and public space issues like signage and street promotions. Self-regulatory standards from the advertising ethics jury also play an important role in practice.

Do I need consent to send marketing emails or SMS messages

Yes, prior opt-in consent is generally required for individuals before sending marketing by email or SMS. There is a narrow soft opt-in exception for promoting your own similar products to existing customers when you collected their email during a sale, provided you offered a clear opt-out at collection and include an easy opt-out in every message.

What are the rules for cookie banners and online tracking

Non-essential cookies and similar trackers require freely given, specific, informed, and unambiguous consent before activation. Provide clear information about purposes and third parties, avoid pre-ticked boxes, allow granular choices, and make withdrawal of consent as easy as giving it. Strictly necessary cookies do not require consent but still require transparency.

Are comparative ads allowed in Belgium

Yes, comparative advertising is allowed if it is not misleading, compares objectively verifiable features, compares like with like, does not create confusion with a competitor, and does not unfairly take advantage of or denigrate a competitor’s trademark or reputation. You should keep robust evidence to substantiate each comparison.

How should influencers disclose paid partnerships

Disclosures must be clear, prominent, and immediately understandable to the intended audience. Use simple labels at the start of the caption or within the first screen of a video, such as ad or pub or sponsorisé. Tagging a brand or using affiliate links without disclosure is not sufficient. You must also comply with platform tools when available.

What are the rules for price reductions and promotions

When announcing a discount, the reference price must generally be the lowest price applied during a recent 30-day period before the promotion. Claims such as before and now must be truthful and not create a false sense of urgency. Promotions must state any significant conditions, limitations, and time frames in a clear and visible way.

Can I run a contest or giveaway

Yes, but you must avoid operating an illegal game of chance. Pure lotteries for valuable prizes may fall under gambling rules. Skill-based contests are generally allowed if the winner is determined by skill and not by chance. Clearly disclose rules, eligibility, timing, prize details, and how winners are selected, and comply with privacy and platform rules.

Are there special rules for alcohol, tobacco, or medicines advertising

Yes. Tobacco advertising is largely prohibited. Alcohol ads face strict content limitations, placement and targeting restrictions, and must avoid appealing to minors and irresponsible consumption. Medicines and medical devices have stringent rules that vary by product type, with many items restricted to healthcare professional audiences. Legal advice is recommended before running such campaigns.

Do I need a permit for posters, signs, or street marketing in Modave

Often yes. Fixed or illuminated signs can require Walloon planning approval. Using public spaces for promotional stands, banners, sampling, or street teams can require a municipal permit and compliance with safety, cleanliness, and noise rules. Check municipal police regulations and apply in advance to avoid enforcement action or removal.

What should I do if I receive a warning from an authority or the advertising ethics jury

Act quickly. Preserve all materials, stop the challenged claim if necessary, and seek legal advice. You can adjust the campaign, provide substantiation, or submit a reasoned response. Missing deadlines can lead to fines, mandatory corrections, or public decisions that affect your reputation.

Additional Resources

Federal Public Service Economy for consumer protection, market practices, and price reduction guidance. Belgian Data Protection Authority for GDPR and direct marketing rules. Belgian Institute for Postal Services and Telecommunications for electronic communications and spam matters. Jury d’Ethique Publicitaire for advertising ethics and influencer guidance. Commission des Jeux de Hasard for gambling and promotional games. Conseil supérieur de l’audiovisuel for audiovisual advertising in the French-speaking Community. Service public de Wallonie for planning and signage rules. Commune de Modave for local permits, police regulations, and use of public space. Belgian Competition Authority for competitor disputes involving unfair practices.

Consumer mediation bodies can assist with disputes, and professional associations and chambers of commerce can provide practical guidance for small businesses and startups.

Next Steps

Define your campaign objectives and channels, and identify any higher-risk elements such as price reductions, comparative claims, environmental claims, targeting of minors, or sensitive sectors. Gather evidence to substantiate all claims, including test reports, surveys, and certifications. Map your data flows for marketing, determine the lawful basis, prepare consent mechanisms, and update your privacy notice and cookie banner.

Review local placement plans for any out-of-home or street activity in Modave and check whether you need Walloon planning approval or a municipal permit. Prepare clear terms and rules for any promotion or contest, including eligibility, timing, prize details, and selection criteria. If timing is tight, consider a staged launch so that higher-risk elements go live only after legal review.

Contact a lawyer with experience in Belgian advertising and marketing law. Provide draft creatives, media plans, influencer contracts, data processing agreements, and any prior approvals or correspondence with authorities. Ask for a compliance checklist and a response plan in case of complaints. Keep records of approvals and substantiation to demonstrate due diligence.

This guide is informational only. For advice on your specific situation in Modave, consult a qualified lawyer.