Netherlands

Relevant legislation or guidelines

• Dutch Civil Code (“DCC”), particularly the rules on unfair commercial practices (Articles 6:193a-6:193 of the Dutch Civil Code) and (comparative) advertising (Articles 6:194-6:196 of the Dutch Civil Code).
• Dutch Advertising Code (“DAC”), widely accepted self-regulation containing general rules on advertising.
• Environmental Advertising Code (Millieu Reclame Code).
• Guidelines from the Dutch Authority for Consumers and Markets (“ACM”) on Sustainability Claims (published online in English here).

Is there any upcoming relevant legislation or guidelines?

No.

Who are the responsible authorities or bodies?

• Dutch Advertising Code Committee
• Authority for Consumers and Markets (“ACM”).
• Judicial authority (civil courts).

What are the enforcement measures?

• Upon submission of a complaint, the Dutch Advertising Code Committee will take a decision whether the advertisement in question is compliant with the DAC and Environmental Advertising Code. Compliance with the decision is voluntary, but the Committee may undertake so-called “naming & shaming” in case of non-compliance.
• The ACM can impose fines of up to EUR 900,000 or 1% of the company’s annual turnover for sustainability claims regarded as an unfair commercial practice.

Who can pursue infringements?

• Any individual or company (e.g. a consumer or competitor) can submit a complaint about an advertisement to the Dutch Advertising Code Committee.
• ACM can determine to enforce the rules regarding misleading sustainability claims on the basis of its own market investigations or following (anonymous) tips received from individuals.
• Both consumers and competitors can bring a civil action before the Dutch courts if they are affected by a company’s unfair commercial practices or misleading advertising.

What are the general rules of thumb for green claims?

• Sustainability claims must meet the general criteria from the Dutch Civil Code (“DCC”) in that it must not be unfair or misleading.
• In the recent Guidelines on Sustainability Claims, the ACM has provided 5 rules of thumb to apply the norm of unfair commercial practices to sustainability claims:
  • Make clear what sustainability benefit the product offers.
  • Substantiate your sustainability claims with facts keep them up-to-date.
  • Comparisons with other products, services, or companies must be fair.
  • Be honest and specific about your company’s efforts with regard to sustainability.
  • Make sure that visual claims and certification marks are useful to consumers, not confusing.

Do green claims need to be substantiated by evidence?

• Sustainability claims must be supported by factual evidence that can be verified.
• The evidence must at the very least be provided to consumers upon request.