Your compliance partner

Frequently asked questions

• How do I make sure my organization is AVG-compliant now that oversight from the Personal Data Authority is getting stricter?

  Compliance with the General Data Protection Regulation (AVG) is essential for organizations that process personal data, especially now that the Personal Data Authority (AP) is tightening its oversight. 

  Although the AP was previously seen as a toothless watchdog, its oversight is becoming more active, and violations are more likely to result in fines and penalties.

  Whether you are required to appoint a data protection officer (FG) depends on the nature and scope of your data processing. This is especially relevant if you process sensitive data, such as medical or financial information. It is therefore important to determine how your organization handles personal data and where the risks lie.

  A compliance officer or a legal consulting firm (Good Law) can guide you in reviewing and improving your AVG compliance. For example, we can assist you in drafting a data protection policy. By being proactive, you reduce the risk of sanctions and protect your customers’ privacy.

  With stricter oversight from the AP, it is more important than ever to be prepared for a potential investigation. Invest early in a solid AVG strategy and get support from experts who can help your organization comply with legal requirements. Not only will this help you stay compliant, but you will also be better prepared in the event of an audit or incident.

• I am starting a company that will develop products for consumers. When do I come into contact with the Commodities Act?

  If you develop products for consumers, you will almost immediately have to deal with the Commodities Act. The law sets requirements for the safety, composition and labeling of products marketed in the Netherlands. 

  Depending on the type of product, specific rules also apply, often a combination of European and Dutch regulations.

  A fleece sweater, for example, may fall under both textile regulations and fire safety requirements. Different parts of the product may have to meet different regulations, and in combination, such rules can be challenging. 

  Often there is a gray area that requires precise interpretation and careful compliance because the consequences of non-compliance can be significant. Consider media reports on recalls or consumer warnings.

  It is important to understand that this type of compliance does not stop at national rules either. Especially if you operate internationally, you must consider implementation rules that differ from country to country. In addition, chain liability often applies: not only the manufacturer, but also intermediate suppliers can be held responsible in case of failure.

  Good Law’s advice: from the beginning, make sure you have a good understanding of the rules that apply to your product, both domestic and international. By working with an expert to put the right puzzle pieces in place, you can avoid problems and serve consumers safely.

• What can I do if a competitor makes misleading claims and damages my position?

  If a competitor makes misleading claims in their advertising, such as wrongly using terms like “vegan” or “green,” you can take legal action to protect your position. This type of dispute goes outside the Advertising Code Commission, as it only handles consumer complaints and does not impose fines.

  If you believe misleading advertising damages your brand or market position, you can go to court. You must then show that the competitor’s claims are not compliant with laws, regulations or hallmark requirements, and that they directly harm your interests. 

  This may be the case, for example, if their inaccurate statements lead to consumer confusion or create an uneven playing field in the marketplace.

  Good Law’s advice: respond quickly if you find that misleading claims threaten your position. Get legal guidance to properly substantiate your case and take the appropriate steps. Misleading advertising damages not only you, but also consumer confidence in the marketplace. Addressing such practices protects your brand and strengthens overall trustworthiness in your industry.

• What should I look out for when advertising my products?

  If you advertise, for example with claims such as “vegan” or “animal-friendly,” it is essential that your statements are accurate and verifiable. The Dutch Reclame Code Commissie (Advertising Code Commission) oversees this, and consumers can file complaints if they suspect a claim is misleading. 

  Companies often think the Advertising Code Commission’s rulings have little impact because the commission does not impose fines and only consumers, not companies, can file complaints.

  What’s true: a complaint to the Advertising Code Committee does not always have immediate consequences. If your company’s advertising is judged to be misleading, you will be notified, but it is not a binding ruling. So, you are under no obligation to act. 

  However, your competitors can go to court with a ruling from the Advertising Code Committee in hand. This does happen frequently – thus such a ruling can significantly weaken your legal position.

  Moreover, the rulings by the Advertising Standards Commission are a public record. Competitors can view this information at any time and see a ruling as grounds to consider legal action. 

  Avoid hollow claims and make sure everything you communicate is easily verifiable.

  Something else: In addition to the companies mentioned, consumers and business partners can also view all the rulings. A ruling by the Advertising Code Committee is thus public and can therefore lead to significant reputational damage. You may recall one or more rulings surrounding electricity suppliers that falsely labeled power products as “green”.

  Other risks lurk. Comparative advertising, for example, can constitute trademark infringement. Using an image of a celebrity, or just a chair, may constitute copyright infringement.

  Our advice: be critical of the claims your marketing team makes. Have them checked in advance by Good Law for legal tenability and make sure you respond quickly and appropriately in the event of complaints. This will prevent escalation and protect your reputation in the long run. Misleading advertising can not only cause legal problems but also damage the trust of consumers and business partners.