Advertising; it comes in all shapes and colors and is everywhere online today. However, not every form of advertising is allowed.
After all, the legislature has introduced a number of rules so that companies can compete with each other on an equal and fair basis. Moreover, these rules also aim to protect consumers in this "advertising war."
The Belgian rules regarding advertising and sales promotions can be found in Book VI of the Code of Economic Law which is entitled "market practices and consumer protection." These rules, by the way, are the transposition of European directives, including directive 2011/83/EU, directive no. 29/2005/EC and directive 2006/114/EC. As a result, advertising rules in the European Union are very similar.
Advertising is defined in the law as: any communication aimed directly or indirectly at promoting the sale of products, regardless of the place or means of communication used (art. I.18,13° WER). Products refer to both goods (movable and immovable) and services (art. I.1,14° WER).
Advertising can be done online through websites, social media, emails, etc. Examples include Google Ads, promotional videos on YouTube, but also affiliate marketing. Advertising does not always have to be visible; the use of meta tags can also be considered advertising, the Court of Justice ruled in a ruling of July 11, 2013.
The legislature has introduced specific rules for misleading information (and recently specifically for greenwashing), incomplete advertising and comparative advertising. Online advertising for certain services, such as online advertising for prostitution, also has specific rules.
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