Consumer rights

Marketing must clearly show its commercial purpose and indicate who the advertiser is. Commercial messages may not be hidden in other communications.

Advertising may not be contrary to good advertising practice such as the prevailing values of society.

Advertising may not be inappropriate. Inappropriate advertising includes, amongst others, marketing which may have a negative effect on the consumer's ability to make rational purchase decisions.

"Good practices" in marketing

According to a general clause in the Consumer Protection Act, no conduct that is contrary to good practice is allowed in marketing. In the case law of the Market Court and the Consumer Ombudsman, this means that advertising messages should not communicate values that are contrary to principles that are generally accepted in society.

These values are directly specified in legislation: the use of violence is not acceptable, discrimination on the basis of gender or origin is not permitted and the interest of children must be considered.

Compliance with good marketing practices is an expression of a company's social responsibility - a measure of how they respect generally accepted values and what kind of message they want to communicate regarding their own values.

Marketing may not convey false or misleading information.

There are specific regulations for certain types of marketing:

• consumer goods may not be marketed by delivering them to the consumer without an express order and by requiring that the consumer pays for them or returns them
• discount prices must be based on a price that has actually been charged by the shop in question prior to the discount sale
• advertisements for products with free giveaways must state the value of the giveaway item and combination offers must state the separate prices for each product
• the validity period of and restrictions on special offers must be disclosed in marketing
• comparative advertising must be truthful and objective
• marketing lotteries and competitions must have terms that are clear and easily available
• participation in lotteries and competitions may not be conditional on purchasing the product.

The Consumer Protection Act has further special provisions on the marketing of consumer credits and timeshare housing. When and how prices must be indicated in marketing is, for its part, specified in a Decree.

The Consumer Ombudsman monitors compliance with legislation in marketing

Reports of unlawful marketing may be filed with the Consumer Ombudsman. If necessary, the case can be heard by the Market Court.

Consumers can also give feedback on advertising directly to the advertiser. Consumer feedback is often effective in itself.

The Council of Ethics in Advertising, which operates under the Central Chamber of Commerce, is the self-regulatory body in this field. It can issue statements concerning good marketing practices.