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This article is part of ‘Guidelines on the protection of the online consumer’. View full guideline

Rules about online advertising

Ads are everywhere. It is impossible to imagine the online world without ads. They help you sell your products. However, consumers need to know when a message is actually an ad, because you cannot mislead them into making a purchase.

Ads can be found on websites, in apps, and increasingly even in games. However, with some ads, it is not always clear that they are ads, for example when familiar faces are hired to promote certain brands or products. Such promotors are called ‘influencers’. It is important that consumers are able to recognize when certain messages are in fact ads. That is because it is prohibited to mislead consumers. Therefore, make it clear when you use advertising.

If you mislead consumers with advertising, it may constitute an unfair commercial practice. And unfair commercial practices are prohibited. ACM enforces compliance with these consumer protection rules.

There are rules you need to comply with if you advertise something or if you have something advertised. In addition, in all ads in which you mention prices, you must also comply with the rules on prices.

Furthermore, the rules laid down in the Dutch Advertising Code apply to all ads in general, as well as to their content. If your ads also target children, you must also comply with the Code for advertising directed at children and young people. The Dutch Advertising Code Committee enforces compliance with these advertising rules.

What is required and what is not allowed?

  • With ads, it must be clear that these contain sponsored content. With each product, it must be mentioned who has paid, and that it is sponsored content. These rules also apply if advertising occurs during streams (including livestreams), for example by influencers.

  • If you recommend products or brands of a third party, you must clearly tell consumers if you do so as part of a partnership with that third party, such as with online product placement.

  • With editorial content, it must be clear if this is sponsored content.

  • Do not advertise if it is unclear that it is advertising. In addition, do not advertise if it is not mentioned who has paid for the ad.

  • Do not recommend products or brands of a third party without clearly telling consumers if such recommendations are part of a partnership with that third party, such as with online product placement.

  • Do not hire influencers to advertise if it is not clear that these individuals have been paid to do so, and by whom.

Tips

  • Make sure that the target audience of the ads understand that they are watching advertising. Be sure to adjust your messages when targeting special target audiences such as children.

  • Check whether influencers with whom you collaborate comply with the rules. Confront them with the rules if it turns out that they ignore them. And stop working with influencers that flout the rules.

Examples

Example: advertising in lobby while waiting for the next game

A particular videogame contains a gameplay mode where players wait in a lobby for a sufficient number of players to log in to play in the next game. While waiting, the players’ avatars enter the 3D in-game lobby. In the lobby, players can walk around and see other players. As soon as enough players have entered the lobby, a countdown timer starts counting down to zero, and the next game will begin. In the 3D lobby, there is a giant screen. On that screen, real-world products are advertised. What is not mentioned is that these billboards are part of a partnership with another company. That is not allowed. It must be mentioned if any paid content or partnership is involved, for example by flagging the video. This means that the video is clearly marked as sponsored content. And it must be mentioned who has paid for it.

Example: advertising in a livestream

Some influencers record themselves while gaming so that others are able to watch. Such influencers are called ‘streamers’. While playing a particular game, a popular streamer buys a ‘skin’ and recommends it. Viewers are subsequently able to open the game and buy that same skin. If they buy it using the streamer’s ‘creator code’, 5 percent of the revenues go to that streamer. It must be clear to viewers that this is sponsored content. The streamer must tell viewers that this is an ad.

Relevant regulations

Explanation of regulations