Do you want to distribute advertising material (leaflets, flyers and samples)? Either door-to-door or in the street? There are rules you have to comply with, both on a national and a municipal level.
All advertising materials should comply with the rules as described in the Dutch Advertising Code (NRC, pdf). You may not make misleading claims. You should also follow the rules of the municipality where you want to distribute materials.
Unaddressed materials
Do you distribute leaflets, letters or product samples door-to-door, without putting a name or address on it? Then you have to comply with the following regulations:
- Distribution code for unaddressed advertising materials (CODE VOR, in Dutch)
- Code for advertising by post, product samples and direct response advertising (CBR, in Dutch)
This includes not posting any materials to letterboxes that carry a NEE/NEE or NEE/JA sticker. Terms and conditions of any offers should be clear and the advertiser should identify himself with a name and address. A postbox number is not sufficient. Recipients of the material should not get the impression that they have to pay for samples or have to accept offers.You should also check which rules your municipality has around advertising. For example, if a municipality has an ‘opt-in’ rule, you can only send materials to addresses that carry a JA sticker.
Addressed materials
Do you send advertising material or product samples with the address and/or name of the recipient? You have comply with the following:
- Code postfilter (in Dutch)
- Code for advertising by post, product samples and direct response advertising (CBR, in Dutch)
- General Data Protection Regulation (AVG, in Dutch)
This means that you have to check if a person is listed in the Postregister (in Dutch) or the National Register of the Deceased (Nationaal Overledenen Register, in Dutch). You should also make sure you are allowed to use contact details for advertising.
Distribution among shoppers
If you wish to distribute advertising materials among shoppers or at an event or put leaflets under car windscreen wipers, you have to follow the Code for field marketing (RFM, in Dutch). You should also check the rules of the local municipality. This means:
- Request permission, dispensation or a permit from the municipality
- Complying with the rules for distributing samples, for example not giving any to children under the age of 12 without permission from their parents or guardians
If you hand out flyers, you are responsible for cleaning up flyers that have been thrown away.
Checks
Do you fail to comply with the rules? You may receive a warning or a fine from the municipality or the Advertising Code Comission (RCC). You will also have to adjust your advertising or distribution.
