As in most years, the year 2016 comes with the introduction of new self-regulation in Dutch advertising law. There is one new self-regulatory code: the Advertising Code on Field Marketing (Reclamecode Fieldmarketing).
The Advertising Code on Field Marketing is valid as of 1 January 2016 and deals with any type of advertising in relation to sales and promotion outside of sales premises. This includes door-to-door marketing as well as e.g. distributing flyers or samples on the street. The code contains several general and specific rules in relation to these activities. Amongst others, field marketers must:
- be able to identify themselves and wear a badge;
- wear recognizable clothing bearing the logo or name of the advertiser;
- not approach a consumer with more than one other field marketer;
- respect age restrictions, including e.g. a prohibition to provide samples to children under 13 without their parents' consent;
- only conduct door-to-door marketing between 09:00 and 21:00 on weekdays and between 10:00 and 20:00 on Saturdays (door-to-door marketing on Sundays and holidays is not allowed);
- respect the expression of consumers that field marketing is not wanted.
In addition, advertising agencies conducting field marketing are required to have a complaint handling procedure.
Apart from the Advertising Code on Field Marketing, 2016 will perhaps also see the introduction of self-regulation on aesthetic medicine (such as plastic surgery). Rules on this topic, which are likely to include a warning that aesthetic medical treatment may "turn out ugly" is still under negotiation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
