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Lydian is a full-service Belgian business law firm, with offices in Brussels, Antwerp and Hasselt. Through a fine blend of transactional law expertise and litigation skills, it delivers straight to-the-point solutions that add true Belgium adult ads.

The firm listens to what is important and provides practical and personalised advice in a constantly changing world that often requires fresh thinking and tech savviness combined with proven experience. The firm consists of 13 partners and 72 associates. The team assists its inter national clients in all kind of disputes relating to advertising and marketing including disputes over comparative and misleading advertising, trade marks or copyrightsand advises clients on their advertising and promotional campaigns or transactions eg, review of promotional materials, Belgium adult ads contracts.

The team also has solid experience in privacy-related matters and frequently provides advice on direct marketing issues. In Belgium, there is no special legislative code compiling advertising standards. Commercial advertising is governed by a regulatory framework constituted of binding legal provisions and self-regulating, non-binding professional rules. Depending on the nature of the product or service, additional rules may apply in order to advertise them lawfully.

Such product-specific rules are included in the legislation regarding that product or service. The laws and regulations governing advertising practices are, in principle, enforced by the Belgian courts. Only specific regulatory authorities are charged with enforcing advertising law provisions, such as the Belgian Data Protection Authority DPAfor breach of data protection law, the Financial Services and Markets Authority FSMAfor advertising for insurance products, the Federal Agency for medicines and health products or the SPF Economy via its mediation service.

Further, there is a self-regulatory body named the Jury for Ethical Advertising 1. In case of unlawful advertising, consumers, the relevant organisations, or undertakings can bring an action for an injunction before the president of the competent commercial court Article XVII. The president can ascertain the existence of the unlawful advertising and order, possibly under payment of a penalty, the cessation, prohibition or even the adaptation of the disputed advertising practice.

The judgment can be published, either in full or in extracts, its publication on the internet, on radio or on television, its public display, or even its distribution to customers at the expense of the losing party. Consumers can obtain damages and the company in question can be criminally sanctioned Article XV. The legislator has introduced a mechanism to ensure rapid and actual compensation for the harm suffered by the consumer. If a contract with a consumer has been concluded as a result of an unfair commercial practice, the courts can order the reimbursement of sums paid by the consumer, without restitution of the delivered Belgium adult ads Article VI.

In Belgium, there is no general rule regarding liability for advertising. Generally, the advertiser is held responsible if they did not comply with the applicable rules and regulations. Further, every member of the advertising chain who has materially contributed to the breach, intentionally or negligently, can be held liable. The legislator's objective is to ensure that illegal advertising initiated outside Belgium cannot be broadcasted in Belgium without impunity.

Liability can be shared between co-authors. Further, advertisers can be held criminally liable. The Centre for Communication is the professional organisation that brings together all the communication professions, themselves represented by their respective associations. It organises advertising self-regulation in Belgium. The Jury for Ethical of Advertising JEP is its independent self-regulatory body and has two main competences opinion procedure and complaint procedure.

The Jury is composed of equal s of members from the civil society and members of the advertising sector. The JEP examines the compliance of the content of advertising messages with the applicable legislation and the self-regulatory conventions, codes and rules that complement the legislation.

An advertiser, agency or media can request an opinion before, during or after the broadcast of an advert. Opinions are confidential and are non-binding. The JEP renders two opinions:. Consumers, socio-cultural associations, professional federations and public authorities may lodge a complaint with JEP against any advertising content. The JEP does not issue fines or award damages. It can only issue recommendations, advice and injunctions to stop or modify the advertising. In Belgium, self-disciplined bodies publish various codes, rules and recommendations on professional ethics regarding advertising.

These texts are important because the JEP bases its decisions on both the applicable legal provisions and self-regulatory provisions codes.

Belgium adult ads

Actors agree to respect them in the exercise of their professional activity. As mentioned in 1. An advertisement can be challenged immediately or within a short period of time. The JEP can only issue recommendations, advices and injunctions to stop or modify the advertising. Under Belgian law, there are a of types of products and services that are either prohibited from being advertised or are subject to additional regulations. Law of 24 January and self-regulated convention of 12 May delegates regulation of the advertising of alcohol productsto the alcohol trade sector itself.

Belgium adult ads parties in this sector have ed a self-regulatory convention on the conduct and advertising of drinks containing alcohol which prohibits alcohol advertising from:. The convention stipulates that sales may not take place near schools and that free distribution is prohibited. The Act of 4 April expanded the provisions of the CEL relating to unfair Belgium adult ads practices by transposing into the B2B universe the provisions applicable in B2C relationships that prohibit misleading and aggressive market practices.

In addition to the prohibition of unfair market practices by Article VI. If advertising is directed to one or more businesses as well as to consumers, the more stringent rules regarding business-to-consumer B2C will apply. Finally, the Belgian Data Protection Authority adopted in January a new recommendation on direct marketing. The general standards to determine if advertising claims are misleading or aggressive for B2C and B2B commercial practices are globally similar.

Article VI. To assess this impact, consumer behaviour or, where the offending practice is aimed at a targeted group, the behaviour of a representative member thereof, will be considered. Under Article VI. The Belgian legislator has set out a list of commercial practices that are universally misleading Article VI. The Belgian legislator has set out a list of commercial practices that are pd to be misleading Article VI. In order to determine if a practice is aggressive, the following elements are taken into :. All advertising claims are subject to regulation.

All claims, both express and implied are prohibited if they constitute unfair commercial practices or unlawful comparative advertising. There is no exception in Belgian law for claims that cannot be objectively measured. As long at the claims do no constitute a misleading commercial practice, they are allowed under Belgian law. In some sectors, the type of substantiation depends on the nature of the claim. All elements of drug advertising must be accurate, up-to-date and verifiable. For homeopathic medicines, all elements of the advertising must be consistent with the information on the package leaflet or labelling.

For advertising content for prescribers and pharmacists, all the information must be sufficiently complete to enable the recipient to form their own opinion of the therapeutic value of the product. It is prohibited to attribute properties regarding composition which cannot be demonstrated through objective or measurable criteria. Any claim or communication that can reasonably be interpreted by the consumer Belgium adult ads a nutrition or health claim must be scientifically substantiated in an appropriate manner.

Any cosmetic claim, express or implied, must be supported by adequate and appropriate evidence demonstrating the products' performance. The context and circumstances in which the claim is made including social and cultural factors are taken into. No general standard applies to testing that is conducted to support advertising claims. However, under Article XV. A company must provide, within a one month, evidence of the material accuracy of the factual data.

The company can prove the accuracy of its argument by any means of proof. If the evidence required is not provided or deemed insufficient, Belgian authorities can consider the commercial practice to be unfair or an act contrary to fair market practices.

Under the code of advertising for cosmetic products, when studies or tests are mentioned in advertising:. The advertising claims must be in line with the data that has been approved as part of the marketing authorisation or registration of the product. Therefore, the principles that apply to testing under the marketing authorisation or registration indirectly apply to advertising claims. For medicinal products for human use, the principles that apply to testing under the marketing authorisation or registration indirectly apply to advertising claims.

The Environmental Advertising Code applies to all advertising that refers to the environmental effects of a product. For example, under this code:. Cosmetic advertising claims are subject to the Code of Advertising for Cosmetics. Under that Code:. In Belgium, there are specific rules that apply to comparative advertising claims. Comparative advertising is defined as any advertising that explicitly or implicitly identifies a competitor or goods or services offered by a competitor Article I.

Comparative advertising must not be misleading, confusing, disparaging or take unfair advantage of the reputation of the competitor. It is therefore permissible to identify a competitor by name if the requirements of Article VI. In order to assess whether a competitor is identified, the competitive relationship must be examined.

This link between competitors is assessed in the light of the substitutability, in the eyes of the consumer, of the products or services offered by the competitor from those of the advertiser. The point of view of the average consumer, normally informed and reasonably observant and circumspect, must be taken into. A comparative advertising claim will be upheld if the eight conditions laid out in Article VI. The remedies available to a competitor targeted by comparative advertising are either a complaint before the JEP or an action for an injunction before the president of the competent Commercial Court see 1.

The competitor will most likely start an action for injunction. There have been no particular trends in case law in the past 12 months. Not all comparative advertising in a court decision. Further, some are not the subject of any action, Belgium adult ads are settled, and some court decisions may remain unpublished. However, it is recognised that Belgian judges often consider comparative advertising to be unlawful and are somewhat reluctant to accept the practice.

The principles of identification and transparency of commercial practices on the internet were introduced by the E-Commerce Directive and are transposed into Belgian law by book XII of the CEL and apply to all advertising on social media. Under Article XII. Article XII. In addition, the Centre for Communication of Belgium recently adopted recommendations on influencers and native advertising. The versatility of content on social media makes it more difficult for the user to distinguish between a personal post and advertising.

The distinction is often blurred by either the social media interface or the content creators themselves. It is therefore crucial that users be as explicit as possible regarding advertisements in their communications.

Belgium adult ads

Users must also ensure that the recipient of the information and the competent authorities have easy, direct and permanent access to a range of information listed in Articles XII. The use of targeted advertising is common on social media platforms. The mechanisms behind it must therefore comply with the applicable rules and regulations regarding data protection, the issues linked to the use of the "like" button t controllership and the use of cookies.

Belgium adult ads

Advertisers can be held responsible if they did not comply with the applicable rules and regulations. In addition, every member of the advertising chain who has materially contributed to the breach, intentionally or negligently, can also be held liable. On social media platforms, advertisers have the possibility to create a dedicated or profile on which they can advertise content. Other users can subscribe to this and receive information directly in their personal space. The owner of a commercial will therefore have to ensure not only compliance with the principles of identification, transparency and loyalty, but also obtain the informed consent of the person who subscribes to it.

Belgium adult ads

If they are qualified as t controllers under the GDPR, they can also be held liable for every breach of such regulation. As illustrated in 4.

Belgium adult ads

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