Best Advertising and Marketing Lawyers in Ommen

About Advertising and Marketing Law in Ommen, Netherlands

Advertising and marketing in Ommen operate within the wider Dutch and European legal framework, combined with local municipal rules. National consumer protection and privacy laws apply equally to businesses in Ommen, while the municipality sets practical rules for using public space for signs, banners, posters, and promotional activities. In practice, compliance involves three layers: European Union rules, Dutch statutes and self-regulatory codes, and Ommen-specific permitting and public order rules.

Key national actors include the Netherlands Authority for Consumers and Markets, the Dutch Data Protection Authority, the Dutch Advertising Code Committee, and sector regulators such as the Gambling Authority and the Food and Consumer Product Safety Authority. For local matters such as outdoor advertising and events, you will deal with the Municipality of Ommen and the national online permitting portal under the Environment and Planning Act. Together, these rules aim to keep advertising truthful, clear, and respectful of consumer privacy and safety.

Why You May Need a Lawyer

Many marketing decisions carry legal risk even when intentions are good. You may need a lawyer when you launch a new campaign and want a pre-launch legal check for claims, disclaimers, and pricing. You may need help negotiating and drafting influencer and agency agreements that meet disclosure rules and allocate intellectual property and liability correctly.

Legal advice is often essential when using personal data for email marketing, SMS campaigns, behavioral advertising, and cookies. A lawyer can help you design compliant consent flows, cookie banners, and unsubscribe mechanisms, and can prepare the records and assessments regulators expect to see. If you plan comparisons with competitors, you will need advice on comparative advertising rules and evidence standards to avoid misleading consumers or infringing trademarks and trade dress.

Promotions, contests, and giveaways require careful structuring to avoid falling under gambling licensing rules and to meet the Promotional Games of Chance Code conditions. If you operate in higher risk sectors such as alcohol, health and wellness, food, or gambling, a lawyer can guide you through the special advertising restrictions, pre-clearance options, and age gating requirements.

On the local side, you may need help obtaining or verifying permits for outdoor signage, banners at events, or digital screens in Ommen. A lawyer can check the municipal bylaw and the Environment and Planning Act requirements, coordinate filings, and address any objections from neighbors or authorities. If a regulator contacts you, if a competitor challenges your campaign, or if you receive a complaint before the advertising standards body, timely legal advice can reduce cost and reputational damage.

Local Laws Overview

EU consumer law and Dutch civil law prohibit misleading and aggressive commercial practices. In the Netherlands, Book 6 of the Dutch Civil Code and the Consumer Protection Enforcement Act are central. These rules cover misleading claims, hidden advertising, unclear pricing, fake scarcity, and unfair terms. Comparative advertising is allowed if it is objective, verifiable, and not confusing. Small print cannot cure a misleading main claim.

The Dutch Advertising Code is the primary self-regulatory standard that applies to most advertising. It contains a General Code and special codes, including the Children and Youth Advertising Code, the Social Media and Influencer Marketing Code, the Alcohol Advertising Code, the Advertising Code for Gambling, the Advertising Code for Food, and the Sales Promotions rules. Complaints are handled by the Advertising Code Committee and the Board of Appeal. While decisions are self-regulatory, they are widely followed and can be persuasive for courts and regulators.

The Netherlands Authority for Consumers and Markets enforces consumer protection, price transparency, unfair commercial practices, and telemarketing rules. It has issued guidance on sustainability claims and dark patterns. The Dutch Data Protection Authority enforces the GDPR, including requirements for consent, transparency, data minimization, and profiling. The Telecommunications Act governs cookies and electronic communications marketing, requiring prior consent for most tracking technologies and opt-in for email and SMS marketing, with a limited soft opt-in for existing customers for similar products.

Sector rules also apply. The Gambling Authority restricts gambling advertising and has tightened controls on untargeted advertising. The Netherlands Food and Consumer Product Safety Authority enforces food and health claims rules under EU law, and the KOAG KAG system offers pre-clearance for certain health product and medicine advertising. The Dutch Media Authority regulates sponsorship and product placement in audiovisual media. Tobacco advertising is largely prohibited by law. Alcohol ads face strict content and placement restrictions and age targeting controls.

Price promotions must be presented clearly. The Dutch implementation of the EU Omnibus rules requires that price reductions refer to the lowest price in a preceding reference period, subject to specific conditions. Businesses must avoid fake reviews and must take reasonable steps to ensure that posted reviews are authentic. Online marketplaces and platforms must disclose key parameters for ranking and whether offers are from traders or private sellers.

In Ommen, local rules affect advertising in public spaces. The municipal bylaw typically restricts fly-posting, street leafleting, and the placement of signs, billboards, inflatables, and banners. For physical signs on buildings or in public areas, you will often need an environmental permit via the Omgevingsloket under the Environment and Planning Act. Local spatial planning and aesthetic policies can limit size, lighting, and placement. If your promotion uses public land or affects traffic or noise, an events or public order permit can be required. Some Dutch municipalities levy an advertising tax in designated zones. Check with the Municipality of Ommen for current procedures, fees, and any local advertising zones.

Frequently Asked Questions

Do I need to disclose influencer marketing in the Netherlands?

Yes. The Social Media and Influencer Marketing Code requires clear and timely disclosure when content is paid for or there is another commercial relationship. Use clear labels such as advertentie, reclame, betaalde samenwerking, or internationally recognized tags such as #ad or #reclame at the start of the post or prominently within the content. Hidden or ambiguous disclosures are not allowed.

What consent do I need for email newsletters and SMS campaigns?

Prior opt-in consent is generally required for email and SMS marketing to individuals. A soft opt-in is allowed for your own similar products to existing customers, provided you collected the address during a sale, gave an opt-out at collection, and include an unsubscribe option in every message. Business to business marketing also usually requires consent. Keep records of consent and withdrawals.

Can I use cookies for analytics and remarketing without consent?

Remarketing and most tracking cookies require prior consent under the Telecommunications Act. Strictly necessary cookies do not. Some analytics cookies can be used without consent if configured to be privacy friendly under strict conditions, such as IP anonymization, no sharing with third parties, and limited retention. Always provide clear information and a simple way to change choices. Do not use deceptive designs to obtain consent.

What are the rules on price discounts and promotions?

Price reductions must be genuine and based on a truthful reference price. The advertised discount typically needs to compare against the lowest price in a recent reference period. You must display total prices including VAT and unavoidable fees, disclose delivery costs, and avoid bait pricing. Limited time or stock claims must be accurate and supported by evidence.

Is comparative advertising legal?

Yes, if it is objective, verifiable, and does not mislead or disparage. You must compare like with like, identify the compared features, and hold robust evidence. Using a competitor trademark is allowed for the purpose of lawful comparison, but do not create confusion about origin or endorsements. Be particularly careful with brand lookalikes and distinctive packaging that could cause confusion.

How should I handle environmental or sustainability claims?

Environmental claims must be specific, accurate, and substantiated. Avoid vague terms such as eco-friendly or green without context. The consumer authority has issued guidance on sustainability claims and checks for evidence, clarity about scope, and absence of exaggeration. Keep a substantiation file with life cycle analyses, certifications, and methodology in case of inquiries.

Are there special rules for marketing to children and young people?

Yes. The Children and Youth Advertising Code restricts content, placement, and data collection aimed at minors. Targeting underage audiences with unhealthy foods, gambling, alcohol, or risky financial products is heavily restricted or prohibited. Do not exploit credulity or pressure children into purchases and avoid direct exhortations to pester parents.

Do I need a permit for a shop sign or banner in Ommen?

Often yes. Many physical signs, banners, and illuminated displays require an environmental permit under the Environment and Planning Act. The municipality can also limit size, lighting, and location through local policy and the municipal bylaw. For temporary promotional banners or events using public land, additional permits may be needed. Contact the Municipality of Ommen and use the Omgevingsloket to check requirements before you install anything.

What are the rules for testimonials and online reviews?

Testimonials and reviews must be genuine and representative. The law prohibits posting fake reviews or manipulating review content. If you incentivize reviews, disclose that fact and ensure you do not selectively publish only positive feedback. Keep procedures and logs that show how you verify authenticity and handle moderation.

Can I run contests and giveaways without a gambling license?

Yes, if the activity qualifies as a promotional game of chance and you meet the conditions in the Dutch code for such promotions. Typical requirements include clear terms and conditions, fair and random selection, proportionate prizes, age restrictions where appropriate, and no obligation to purchase. If your promotion does not fit within these conditions, you may need a gambling license or a different structure.

Additional Resources

Netherlands Authority for Consumers and Markets - enforcement of consumer protection, price transparency, sustainability claims, telemarketing, and unfair practices. Provides business guidance and handles investigations.

Stichting Reclame Code - the Dutch Advertising Code system and complaint handling by the Advertising Code Committee and Board of Appeal. Hosts the General Code and special advertising codes.

Autoriteit Persoonsgegevens - the Dutch Data Protection Authority. Guidance and enforcement on GDPR compliance, consent, profiling, and marketing data practices.

Commissariaat voor de Media - the Dutch Media Authority. Rules on sponsorship, product placement, and audiovisual commercial communications.

Kansspelautoriteit - the Gambling Authority. Oversight of gambling advertising, age gating, and restrictions on untargeted advertising.

Nederlandse Voedsel- en Warenautoriteit - the Food and Consumer Product Safety Authority. Oversight of food, nutrition, and health claims and product safety communications.

KOAG KAG - pre-clearance body for certain health product and medicine advertising, with sector specific codes.

Municipality of Ommen - local permits and rules for outdoor advertising, events, noise, and use of public space under the municipal bylaw and the Environment and Planning Act.

Omgevingsloket - national online portal to check whether an environmental permit is required and to submit applications for signage and related works.

Kamer van Koophandel - the Dutch Chamber of Commerce for trade name issues and business registrations relevant to branding and market entry.

Next Steps

Map your campaign. List all channels, audiences, and territories, including online platforms, email, SMS, out-of-home, and in-store materials. Note any high risk elements such as environmental claims, price reductions, health statements, targeting of minors, or use of third party brands.

Gather substantiation. Collect evidence for all objective claims, including test results, certifications, and price histories. Prepare clear terms and conditions for promotions, disclaimers that match the main message, and accessible customer service information.

Review privacy and communications. Design opt-in flows, cookie consent, and unsubscribe mechanisms. Prepare or update your privacy notice, data retention policy, and records of processing. Configure analytics and advertising technologies to meet consent and minimization requirements.

Check local permits in Ommen. Before installing signs, banners, or screens, or before handing out materials in public areas, verify requirements with the Municipality of Ommen and through the Omgevingsloket. Allow enough time for permit processing and be ready to adjust size or placement.

Contract carefully. Use written agreements with influencers, agencies, and partners that cover disclosure obligations, content approvals, intellectual property ownership and licenses, data protection, and indemnities. Include sector specific compliance clauses where needed.

Consider pre-clearance or expert review. For health related advertising, use KOAG KAG where applicable. For complex or borderline claims, ask a lawyer to conduct a pre-launch review against the Dutch Advertising Code, the Civil Code, GDPR, and sector rules.

Train and monitor. Brief your marketing and customer service teams on disclosure rules, complaint handling, and review moderation. Set up monitoring for regulator guidance and decisions by the Advertising Code Committee. Be ready to pause or adjust campaigns if issues arise.

Engage legal help early. If you receive a complaint, an inquiry from a regulator, or a warning about your outdoor advertising in Ommen, contact a lawyer promptly. Early action can often resolve matters informally and avoid fines or reputational harm.

This guide is for general information only. For advice on your specific situation in Ommen, consult a lawyer who practices advertising and marketing law in the Netherlands.