Rules for car marcoms in Europe are extensive and detailed. We have covered the three main areas: safety and responsibility, emissions and consumption, and - as car advertising will often contain credit proposals - the laws relating to consumer credit. These rules are all present in some form in all EU markets, but their expressions and extent vary according to how individual countries have chosen to interpret or deliver EU directives. The individual country sections include rules on the above areas from all the regulators: EU law with the national legislation that enacts it, individual national law (normally traffic laws), the self-regulatory rules which often include environmental aspects, and occasionally the trade association's rules where they include marcoms. Not all the rules apply to all channels, so it’s best to check individual media in the website's targeting and channel section for each country.
Please select a country from the list
Car marcoms rules in Belgium
Content rules framework
As with the other EU markets we cover, there are specific rules in Belgium for stating fuel consumption and CO2 emissions per the EU Directive 1999/94/EC, transposed in Belgium by the Royal Decree of 5th September 2001 relating to the availability of consumer information on fuel economy and CO2 emissions (the link is to an English translation of the key clauses). These rules apply to marcoms content in all print media - including leaflets, brochures and showroom displays - and some digital channels. As car marcoms often include credit proposals, we have shown rules drawn down from the EU Consumer Credit Directive of 2008 (2008/48/EC), which in the Belgian transposition require specific content and size of credit details in marcoms across all media. In some cases of car credit marcoms in Belgium, warning messages are also required, though please note that that situation will change in April 2015 when new legislation comes into effect. Safety and etiquette rules are found in the 2012 Royal Decree and in Industry codes from Febiac (the Belgian Motor Trade Association) who have agreed the Car Advertising Code managed by JEP (Jury d’Ethique Publicitaire), the Belgian advertising industry self-regulatory organisation. Articles 6 and 10, concerning safety aspects and children respectively, have recently (May 2014) been amended; details are in the Content section. There are significant environmental stipulations for car marcoms in Belgium, including mandatory references in print marcoms and some web pages to an online page that sets out recycling information
Channel rules framework
This market's regulations are unusual in stipulating very particular size/formatting for energy consumption data in various channels, as set out in the Car Advertising Code from JEP/Febiac that was linked earlier. Broader channel rules, especially those for digital marketing communications, are heavily influenced by legislation driven by the EU Framework and, in the case of Belgium, interpreted relatively conservatively. Privacy is the bailiwick of the Belgian Privacy Commission, established by the 1992 Data Protection Act (link is to an informal translation). The law relating to cookie consent in Belgium was relatively recently (July 2012) introduced via an update of Article 129 of the Electronic Communication Act of 2005. The other significant regulatory influence not specific to cars but broadly influential in both channel and content rules are the provisions of Book VI of the Code on Economic Law (CEL) implementing the Unfair Commercial Practices Directive 2005/29/EC and its forerunner the Misleading and Comparative Advertising Directive2006/114/CE. Also transposed in Book VI are the provisions of Directive 2002/58/EC on privacy and electronic communications. In Book XII of CEL are the provisions from the updated law from March 11th 2003, now repealed, on certain legal aspects of electronic communications, transposing EU Directive 2000/31/EC and its update Directive 2009/136/EC. As part of this recent legislative development, the Law of 6th April 2010 on Market Practices and Consumer Protection has also been repealed. Key extracts from the Code on Economic Law (CEL), setting out in English the clauses from the provisions referred to above, are available here
The broadcasting landscape is complex due to the three separate regulators for the French, Flemish and German communities’ broadcasting set-ups, though all are driven by the AVMS Directive 2010/13/EU. Marketing communications on Marketers' own websites, and other non-paid-for space under the marketer's control such as social network sites don’t “escape”; they are in remit in Belgium, as is online paid-for advertising in all its forms. Rules by channel are set out in full in Section B
Sources
The following sections summarise the statutory and industry rules that directly and indirectly influence passenger car marcoms in Belgium; these rules are available in full, translated where necessary, via links in Section F at the base of this page. You can also find in Section F and here the general advertising rules, i.e. those that apply to all permitted sectors including Cars. In Belgium, as with France, rules are taken directly from the International Chamber of Commerce Code of Advertising and Marketing Communication Practice, and applied and administered by the self-regulatory organisation JEP, who have reviewed the self-regulatory elements of the marcom rules in Belgium on this website
Belgium
The rules set out below relate largely to those specifically for car marcoms. Clearly, cars like any other permitted sector must observe the general advertising rules that cover misleadingness, decency, safety etc. The principal source of those rules in Belgium’s case is the International Chamber of Commerce (ICC) Consolidated Code of Advertising and Marketing Communication Practice, the English version of which is linked here:
http://www.iccwbo.org/Advocacy-Codes-and-Rules/Document-centre/2011/Advertising-and-Marketing-Communication-Practice-(Consolidated-ICC-Code)/
There are also, however, several statutory requirements, especially in data processing and e-communications, which will affect all marcoms. Those are set out in full in Section B, Channel/Targeting rules
If your ad or “commercial communication” constitutes an ‘invitation to purchase’ (defined as “indicating characteristics of the product and the price in a way appropriate to the means of the commercial communication used, and thereby enables the consumer to make a purchase”), by law (Book VI of the Code on Economic Law) the following must be included:
1. The main characteristics of the product, to the extent appropriate to the medium of communication and the product
2. The geographical address and the identity of the company and, where applicable, the geographical address and the identity of the company on whose behalf it acts
3. When the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated including taxes and, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that these costs may be charged to the consumer
4. Arrangements for payment, delivery, performance and handling of complaints, if they depart from the requirements of professional diligence
5. If applicable, the existence of a right of withdrawal or cancellation
Passenger Car rules:
Fuel consumption and CO2 emissions
In print media (including leaflets and brochures and displays at points of sale in showrooms), marcoms must show in a clear and easily legible form the following information:
If only the brand is featured and there is no reference to any particular model, fuel consumption and emissions data do not have to be provided
There are specific rules for the layout and size of fuel consumption and CO2 emissions information by channel. These are set out in detail in Section B (Channel/Targeting rules) below. In addition, print advertising and some web pages must include a reference to a webpage that contains environmental information that is shown here. The reference must always be "Informations environnementales AR 19/03/2004: (insert your webpage e.g. www.Volkswagen.be)". An example is shown here
Safety; marcoms must not: (from the Car Advertising Code)
Use of or reference to children is in general prohibited apart from the sole exception of promoting road safety or responsible driving. Under no circumstances may children be referred to in advertising that is related in any way, directly or indirectly, to dangerous or "sporting" conduct (Art. 10, former version)
New version (introduced 15 May 2014) Art.10:
A commentary (from JEP, the Belgian advertising self-regulatory organisation) on recent changes to their articles 6 and 10 is here:
http://g-regs.com/downloads/BENoteFebiacamendsMay2014b.pdf
Responsibility and etiquette; marcoms must not:
Environmental or “green” claims (from article 4 of the Car Code):
- that the private nature of the location is made obvious
- the location is clearly not accessible to ordinary road users, or that
- it is clear that permission has been given for the location to be used in that way
More general, as opposed to sector (car) - specific rules, are provided in the Code of Ecological Advertising linked in Section F. These have been established by the Commission for Environmental Labeling and Advertising, which has been created within the Consumer Council
Pricing: marcoms must not:
Car Credit Offers (from the Consumer Credit Act, Articles 5 & 6)
Car credit marcoms must contain:
In all media, marcoms including an interest rate or the cost of a credit must specify in a clear, concise, visible (and where applicable, audible) manner, and by means of representative examples, the following information:
If car credit can only be obtained with insurance, this and the cost of the insurance, with at least the annual percentage rate, must be made clear
Car credit marcoms must NOT contain "specific focus" on:
Also prohibited is any advertisement for a credit agreement which:
Referring to the maximum annual percentage rate or the legality of rates gives the impression that these rates are the only ones to be applicable; any reference to the legally authorised maximum annual percentage rate and legally permitted maximum lending rate must be made unequivocally, legibly and conspicuously or where appropriate audibly, and must state precisely the total legally permitted maximum annual rate
Also prohibited is any advertising that contains the phrase " free credit " or an equivalent statement, other than the statement of the annual percentage rate (Note therefore that the statement “0% Credit” is permitted, subject to the conditions outlined in the Royal Decree of June 2011 linked in Section F and available here)
Warning message
In every car credit marcom which does not mention figures, the following warning must be included:
“Attention, emprunter de l’argent côute aussi de l’argent” (Be careful. Borrowing money also costs money)
The Dutch version is: “Let op, geld lenen kost ook geld.”
This statement is also subject to formatting conditions available in the link above and here
Note of June 2014 regarding financial products:
1) The laws on consumer credit and mortgage loans will be incorporated in Book VII of the Code on Economic Law. An important change with regard to advertising for consumer credit will be that the warning message will have to be included in all cases (so the current distinction according to whether or not figures are stated will be abrogated). Please note that these changes do not enter into force until 1 April 2015, at which point the existing laws on consumer credit and mortgage loans will also be abrogated (repealed)
Belgium
Where they occur, we show in this section the channel rules specific to the category (for example, size requirements by medium for emissions information); general channel rules will of course affect all product categories including cars, so we show below the most significant of those rules, paying attention in particular to digital media where statutory legislation has a significant influence. All of the content rules set out in Section A above apply to all media, except the fuel consumption and CO2 requirements, which apply to print media including leaflets and brochures and some digital media (see Point 6)
1. Television
Regulation of TV and Radio services in Belgium is relatively complex because the three communities - Dutch, French and German-speaking – have separate services and have established separate regulatory authorities for the broadcast media. These include the Conseil Superieur de l”Audiovisuel (CSA) for the French community, the Vlaamse Regulator voor de Media (Flemish Media Regulator VRM) for the Flemish Community and the Medienrat (Media Council) for the German-speaking community. Legislation adopted at the EU level (the AVMS Directive 2010/13/EU and its forerunner the Television without Frontiers Directive) is the common basis for the communities’ media regulations
We have set out below the consolidated rules, i.e. those that apply to all communities and then we show rules that apply only to individual communities. As the EU’s AVMS Directive applies to all, the structures may be intricate, but the rules are largely consistent. The general television advertising rules (proportion of advertising airtime, scheduling rules etc.) can be found in back-up PDFs later in this section
Product Placement (applies to all communities)
Programmes that contain product placement must meet the following requirements:
Sponsorship (applies to all communities for TV services and Teletext)
Sponsored programmes must meet the following requirements:
The Flemish Community
The Flemish Media Decree implements the AVMS Directive and establishes the legal framework for advertising on radio and television. This decree applies to every broadcasting company that resides under the competence of the Flemish Community, VRT (the Flemish Community Public network) or privately. A translation of the Decree can be found here and in the Links Section F (Art. 98 – “The provisions in this subsection are applicable to television services”)
The French Community - (showing the distinctions from shared rules)
The legislative framework for advertising on television and radio in the French Community Is set out in the French Media Decree, which is consolidated by the CSA (Conseil Superieur de l’audiovisuel, the independent supervisor of French audiovisual media). A translation of the key clauses of the Decree can be found here. The Rules cover linear and non-linear television services (conventionally broadcast TV programmes, the Internet or IPTV, mobile telephony i.e. “push content”) and VOD (non-linear, “pull content”)
As the Media Decree of the French Community is also based on the EU’s AVMS Directive, the rules are very similar for both Flemish and French TV services; the key differences for the French community are:
Virtual advertising (i.e. digital placement on perimeter boards at sports events)
Product Placement: Arts. 21 (1) & (2), which set out the conditions under which product placement is allowed, apply to programmes produced from 19 Dec 2009 (the EU’s AVMS Directive came into force on this date)
Sponsorship (the rules include VOD)
German Media Decree: Decree of 3 December 2009 amending the Decree of 27 June 2005 on Radio Broadcasting and Cinema Presentations:
http://www.g-regs.com/downloads/BEGermanMediaDecree.pdf
2. Radio
Flemish Community
The Flemish Media Decree establishes the legal framework for radio advertising. The decree applies to every broadcasting company under the competence of the Flemish Community
Advertising
o During the broadcasts of sport events
o When the commercial is at least 2 minutes long
o When a broadcaster has not succeeded in selling more than one commercial for a specific commercial slot, due to a lack of interest from customers (Art. 86 (2))
Sponsorship
French Community
The legislative framework for advertising on television and radio in the French Community as set out in the French Media Decree does not distinguish between advertising on Radio and advertising on television. That means you should follow the TV rules for radio in the French community
Radio Advertising
Sponsorship
As per TV
3. Cinema
We have been unable to trace any rules specific to cars in the cinema channel; the fuel consumption and CO2 requirements apply largely to print media, but credit and other rules set out in Section A apply in cinema, together with the advertising rules for all sectors (available from the JEP self-regulatory code linked in Section F). Brightfish Belgium is the SAWA (Screen Advertising World Association) representative in Belgium. Contact them directly for any further information on cinema advertising in Belgium:
http://www.brightfish.be/
4. Press, magazines, promotional literature e.g. leaflets, brochures, catalogues etc.
The fuel consumption and CO2 data are a particular requirement for print media (including leaflets and brochures); the other content rules - for credit, safety, Pricing, and the environment - also apply. CO2 emissions and fuel consumption must be included according to the rules in Annex IV of the 2001 Royal Decree:
Information must be presented as follows (from the 2008 Car Advertising Code, Article 5; see Section F for link):
• Below A5: 1.5mm
• Larger than A5: 3mm
• Larger than A3: 4mm
• Larger than A2: 5mm
• Other formats: proportionate to the above
5. Outdoor
The fuel consumption and CO2 data are a particular requirement for print media; the other content rules - for credit, safety, and the environment – also apply. CO2 emissions and fuel consumption must be shown according to the rules presented in Annex IV of the 2001 Royal Decree and should be presented in the following manner (2008 Car Advertising Code, Article 5):
• A3: 5mm
• A2: 7.5mm
• A1: 10mm
• Bus shelters format: 25mm
• Posters up to 10m2: 55mm
• Posters up to 16m2: 70mm
• Posters up to 36m2: 100mm
• Other formats: proportionate to the above
The international association for OOH advertising is FEPE (Federation European Publicité Exterieur). They can be found at http://www.fepe.com/. They list Barco Livedots (http://www.barco.com/en/) as their representative in Belgium, but any general enquiry might best be directed at FEPE in the first instance
6. Online/digital marketing
We show under this heading the rules for passenger cars in some digital channels in Belgium, followed by the rules for key digital channels that apply to all permitted product categories. From a self-regulatory perspective, the key document that guides the correct deployment of Digital Marketing Communications (DMCs) in Europe is the European Advertising Standards Alliance's (EASA) DMC Best Practice, which is available here
The self-regulatory authorities anyway adjudicate on the communication rather than the channel. If it’s a marketing communication, it’s covered by the rules. The definition of a marketing communication can be found in the DMC Best Practice document linked above and here in brief as: “any form of communication produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour”
Essentially, that means that online advertising in paid-for space such as (the following is non-exhaustive) banner or pop-up, online video, paid-for search, viral, in-game, commercial classified, advergames, advertising transmitted by Bluetooth or web widgets, and online sales promotions and prize promotions are covered by the rules
Non paid-for channels in Belgium, such as marketers’ own websites and SNS spaces, are also “in remit” i.e. covered by the rules. Specifics are included later in this section, but the same principle applies in non-paid-for space: if it’s a marketing communication, it’s covered
Online rules specific to Passenger Cars
Key extracts from the rules for Digital Interactive Media that apply to all permitted product categories
EU Directives in various forms, some to do with Privacy and some covering Consent and Identification, largely drive the Belgian laws that govern marcoms online in electronic communications. We have set out the key extracts and their regulatory source below by channel/practice so that you know what you can or can’t do in each case
Data Processing – notification
From the Belgium Direct Marketing Association (BDMA), article 32: Prior to data processing, the data controller undertakes, in accordance with the requirements of Article 17 of the Law of 8 December 1992 on the protection of privacy in respect of the processing of personal data, to make a statement to the Commission for the protection of privacy. Declaration forms are available on the website of the Commission for the Protection of Privacy:
http://www.privacycommission.be
The member makes a statement in perpetuity. Therefore, if all the subsequent processing actions it performs are compatible with the declared final version, there should be only one declaration. Some processing is exempt from declaration (see link above). If in doubt, it is recommended that members make the declaration
Data processing - Cookies
The law relating to cookie consent in Belgium was relatively recently (July 2012) introduced via an update of Article 129 of the Electronic Communication Act of 2005. The law closely follows the European framework in requiring prior informed consent; the issue, as with most EU countries, is on how that consent is obtained, and as with most EU countries there is no absolute clarity, but some direction as follows:
The storage of information, or gaining of access to information already stored, in the terminal of a subscriber or user is only allowed on condition that:
Consent is not required in the event that data processing is for the sole purpose of sending a communication via an electronic communications network, or to provide a service explicitly requested by the subscriber or user when it is strictly necessary for this purpose
We have not been able to trace the issuing of specific consent guidance, but Indications of the Belgian position are that consent may not be obtained through current browser settings. The regulators are the Belgian Privacy Commission and the Belgian Institute for Postal Services and Telecommunications
E-mail, texts, voice
The Law of 11 March 2003 on certain legal aspects of Information Society Services was repealed in December 2013; its provisions are now included in Book XII of the Code on Economic Law. The rules cover any “text, voice, and sound or image message sent over a public communications network, which can be stored in the network or in the recipient's terminal equipment until the recipient collects it”
When sending any e-mail advertising the sender must:
When sending email advertising it is prohibited to:
The Royal Decree of 4 April 2003 Relating to the Regulation of the Sending of Advertising via Electronic Mail, (implementing the Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce) establishes two exemptions to the opt-in principle:
1) Existing Clients
Sending of electronic communication to existing clients is permitted, on condition that:
2) Electronic Communications Sent to Companies
The second exemption is the sending of electronic communications to companies. Such communication is permitted on condition that the contact information to which the communication is sent is impersonal (for example info@...,sales@...)
The law above (Royal decree of 4th April) also establishes in Article 2:
Anyone can notify directly to a particular provider/supplier, without charge or giving reasons, his/her desire not to receive advertising by email
The supplier concerned shall:
1. Within a reasonable time send an acknowledgment by e-mail confirming the registration of that person's request
2. Within a reasonable time take the measures necessary to respect the wishes of the person concerned
3. Keep updated lists of those people who notified their desire not to receive advertising by email
Commentary and guidance from the legislators on the articles above is available here:
http://g-regs.com/downloads/BECommentaryExemptionsE-mail.pdf
Identification
In order for any advertising to comply, it must observe the following requirements set out in Book XII 6 and 12-14 of the Code on Economic Law (formerly Article 13 of the law of 11 March 2003 on certain legal aspects of Information Society Services):
Without prejudice to other legal and regulatory requirements for information, any provider of a service of the Information Society makes available a direct and permanent easy access for service recipients and competent authorities to at least the following information:
1. His name or corporate name
2. Geographic address at which the service provider is established
3. Contact information, including his electronic mail address, which allows him to be contacted rapidly and communicated with directly and effectively
4. Where applicable, the business number
5. In the case where the activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority
(Art.VI. 6 CEL)
Presentation
Telephone and fax
Without prejudice to Art. XII. 13 (this was the 11 March 2003 law on certain legal aspects of Information Society Services which has been incorporated into Book XII), unsolicited communications for direct marketing purposes sent by methods other than those referred to in Para. 1, or determined in accordance thereof, are permitted subject to compliance with the provisions of Articles VI. 111.115 (see below)
1. Determine the content, form and operation of the file referred to above (the opt-out file or “Robinson list”)
2. Determine the terms and conditions of access to these files for telemarketers, including identification of those persons
3. Maintain the means of communication of the subscriber referred to in Article 100/1, § 1, to be as simple as possible
1. Ease of use for the subscriber
2. Exclusive rights of the customer to the use of the data file
3. The absence of any for-profit association or organisation
4. Continuous and simple access to data, at a reduced price, for people who want to make telephone calls for direct marketing purposes
5. Compliance imposed under paragraph 1
(Art. VI. 114 CEL)
Online Behavioural Advertising (OBA)
The European self-regulatory programme for OBA is based on the principles contained in the IAB (Interactive Advertising Bureau) OBA Framework (http://www.edaa.eu/european-principles) and EASA’s (European Advertising Standards Alliance’s) Best Practice Recommendation on OBA - http://www.easa-alliance.org/page.aspx/386.
The Programme is administered by the European Interactive Digital Advertising Alliance (EDAA – http://www.edaa.eu)
The principles are based on three main “pillars”, as follows:
1. Consumer Notice and Choice. The OBA Icon,
which can be found on digital advertising and on web pages to signal that OBA is on those sites, is licensed to participating companies by the EDAA. The consumer is provided with a link to http://www.youronlinechoices.eu/, a pan-European website with information on how data is used, a mechanism to ‘turn off’ data collection and use, and a portal to connect with national Self-Regulatory Organisations for consumer complaint handling
2. Secure and appropriate data. Participating companies must protect the OBA data they collect and retain it only for as long as necessary “to fulfil a legitimate business need”, or as required by law. OBA segments may not be created for children (defined as under 12) and companies creating or using segments that include sensitive personal data (defined by art 8.1 of Directive 95/46/EC - http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:HTML) must obtain the prior consent of the user
3. Compliance and enforcement. Participating companies undergo an independent certification process with an approved provider. Consumer complaints-handling include simple means by which consumers can complain directly to companies and to independent alternatives such as national advertising self-regulatory bodies.
The International Chamber of Commerce - ICC - whose code underpins much of self-regulation worldwide, also publishes OBA rules that can be found here. These have been extracted from the ICC's Code of Advertising and Marketing Communication Practice linked in Section F
Marketers' Own Websites, including Social Network spaces under their control
7. Event Sponsorship
We have been unable to trace any rules specific to cars and events sponsorship
8. Points of sale and showrooms
Requirements at points of sale can seem complicated. To explain, there are three "media" in showrooms:
1. "Labels" in A4 which have to be placed prominently next to individual cars for sale
2. "Posters" which are much larger (50cm x 70cm) and which contain information for all the new cars on sale; rules for posters also apply to electronic display. Lists of car models are normally contained within posters or displays to a specific format which we show later in this section
3. Promotional material, which must observe the rules applied in other media and set out in Annex IV of the Decree of September 2001
Labels
• The make, model, variant and version of the vehicle, including its transmission (auto or manual) and its fuel type (petrol or diesel)
• Petrol consumption in litres per 100 km (l/km), accurate to one decimal place
• CO2 emissions with the amount in grams per one kilometre (g/km) rounded to the nearest whole number
• The following mandatory texts (we show the French versions followed by Dutch followed by a translation), placed per the example label linked above:
"Le CO2 est le principal gaz à effet de serre responsable du réchauffement planétaire"
"CO2 is het broeikasgas dat bij de wereldwijde klimaatverandering de belangrijkste rol speelt"
(CO2 is the main greenhouse gas responsible for global warming)
"Un guide de la consommation de carburant et des émissions de CO2 contenant des données pour tous les modèles de voitures particulières neuves peut être obtenu gratuitement dans tous les points de vente"
"Een gids betreffende het brandstofverbruik en de CO2-uitstoot met gegevens voor alle nieuwe modellen personenauto’s is gratis verkrijgbaar op elk verkooppunt"
(A guide to fuel consumption and CO2 emissions which contains data for all new passenger car models can be obtained free of charge at all points of sale)
…………………………………………………………………………..
"La consommation de carburant et les émissions de CO2 d'un véhicule sont fonction non seulement de son rendement énergétique, mais également du comportement au volant et d'autres facteurs non techniques. Le CO2 est le principal gaz à effet de serre responsable du réchauffement planétaire"
"Naast de brandstofefficiëntie van een auto zijn ook het rijgedrag en andere, niet-technische factoren bepalend voor het brandstofverbruik en de CO2-uitstoot van een auto. CO2 is het broeikasgas dat bij de wereldwijde klimaatverandering de belangrijkste rol speelt"
(The fuel consumption and CO2 emissions of a vehicle depend not only on its energy efficiency, but also on driving behaviour and other non-technical factors. CO2 is the main greenhouse gas responsible for global warming)
…………………………………………………………………………….
"Un entretien régulier et bien exécuté de la voiture suivant les prescriptions du constructeur favorise aussi la réduction de la consommation de carburant et des émissions de CO2"
"Een regelmatig en goed onderhoud van de wagen volgens de voorschriften van de constructeur bevordert ook een vermindering van het brandstofverbruik en van de CO2-uitstoot"
(Regular and good quality servicing per the manufacturer’s advice also helps to reduce fuel consumption and CO2 emissions)
Posters
Posters or other displays (as distinct from labels, requirements for which are immediately above) that feature more than one car must contain for each car at the point of sale a list of data on official fuel consumption and emissions of CO2 (2001 Royal Decree, Chapter 1, Annex III and shown below)
The materials must:
The list model shown in Annex III (page reference 35488) of the 2001 Royal Decree provides guidance:
http://www.ejustice.just.fgov.be/mopdf/2001/10/12_1.pdf#Page175
It can also be seen here:
http://www.g-regs.com/downloads/BEPosterlist.pdf
Promotional material
All promotional documents and reproductions or images obtained from other promotional material must contain data about official fuel consumption and CO2 emissions for the vehicles they refer to. This information must meet the following minimum requirements:
1. The information must be easy to read and at least as visible as the main part of the information featuring in the promotional documentation or in the reproductions or images obtained from other advertising material;
2. The information must be easy to understand, even when read quickly;
3. Data relating to fuel consumption must be provided for all models covered by the promotional material or in the reproductions or images obtained from other advertising material. If the material covers more than one model, it is possible to display either the official fuel consumption for all models covered or the figures for the models with the lowest and highest consumption. Fuel consumption is expressed in litres per 100 kilometres (l/100 km). All figures must be provided with an accuracy of one decimal point
If the promotional documentation or the reproductions or images obtained from other advertising material only mention the make and do not refer to any specific model, it is not necessary to provide fuel consumption figures. This applies, in particular, if the text of the advertisement for a certain dealer or garage owner makes no reference to a specific model
9. Direct Mail (DM)
Electronic direct marketing/mail has been covered earlier in this section. This point covers direct mail as in postal, hard copy material. The statutory provisions are principally from the 1992 Data Protection Act in the context of data processing and Art. (Book) XII of the Code on Economic Law (which has incorporated what was the 11 March 2003 law on certain legal aspects of Information Society Services). We have found the best source and compilation of Direct Mail rules, a few of which are extracted below, to be the Belgium Direct Marketing Association (BEDMA) Code of Conduct (the link is to an unofficial English translation)
Key rules are below
We have been unable to trace any rules specific to cars in the Direct Mail channel; the Car content rules set out in Section A (including the fuel consumption and CO2 rules, which apply to leaflets and brochures), together with the general advertising rules for all sectors (available from the JEP/ICC self-regulatory code linked in Section F) will apply
Other references
10. Information Manual
This guide, published at least annually, lists the official fuel consumption and CO2 emission figures for every new car for sale in Belgium. In consultation with the manufacturers, the Environmental Affairs Service of the Ministry of the Social Public Health and Environment Affairs creates and produces the guide in a portable and compact form
The guide is available online here:
http://www.belgium.be/fr/environnement/consommation_durable/economie_d_energie/en_voiture/, and can be found by clicking on “sélectionner en ligne une voiture”. The guide is also offered free-of-charge to the consumer at the cars’ points of sale or places where car financing is arranged
Official figures for fuel consumption and CO2 emissions can be found in the car model’s EU approval certificate or the EU certificate of conformity
The guide must contain the following information:
Belgium
We have been unable to trace specific sales promotion rules for cars beyond the price and credit references shown in the Content and Channel sections. (It is also worth noting that if a sales promotion features a specific model, then in print media in particular, energy consumption data should be shown and of course the safety and environmental rules must also be observed). In respect of promotional communications, the key legislation is expressed in the Code on Economic Law, which now harbours what was the 2010 Market Practices and Consumer Protection Act, and the 2012 Consumer Credit Act, both linked in Section F. The following are the key extracts related to sales promotions from Book VI of the Code on Economic Law: these are not necessarily exhaustive:
From Art. VI. 100 (selected for their direct or indirect relevance to SP – full list can be found in the link in Section F) The following are regarded as unfair trade practices:
5. Proposing products for sale at a particular price without disclosing the existence of reasons that might lead the organisation to believe that it cannot itself supply them, or manage the supply by another company the products in question or equivalent products at that price for a period of time and in quantities that are reasonable, having regard to the product, the scale of advertising of the product, and the price at which the product (s) is offered
6. Suggesting buying products at a specified price and then, in order to promote a different product:
a) Refuse to show the featured product to the consumer
b) Refuse to take orders for it or deliver the product in a reasonable time
c) Demonstrate a defective sample
7. Falsely state that the product will only be available for a very limited time, or that it will only be available on particular terms for a very limited period in order to elicit an immediate decision and deprive consumers of sufficient opportunity or to make a choice knowingly delay
11. Using editorial content in the media to promote a product, which the company has financed themselves, without making that clear in the content, or using images or sounds that the consumer can clearly identify
14. Create, operate or promote a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation from rather the entry of new consumers into the scheme from the sale or consumption of products
16. Assert that products the chances of winning in games of chance, AMEND
18. Provide materially inaccurate information on market conditions or on the possibility of finding the product for the purpose of inducing the consumer to acquire the product at conditions less favourable than normal market terms
19. Assert, in the context of a commercial practice to offer a competition or a price can be won without awarding the prizes described or a reasonable equivalent 20. Describe a product as "free", "free of charge", "without charge" or similar if the consumer has to pay anything else than the unavoidable cost of responding to the offer and the fact of taking possession or delivery of the item;
21. Include in marketing material an invoice or similar document seeking payment that gives the consumer the impression that he/she has already ordered the product when this is not the case
22. Falsely claim or create the impression that the company is not acting for purposes which are within the scope of its business, or falsely representing oneself as a consumer
General rules for sales promotions in Belgium and many other European markets can also be found here. CHANGE LINK. These are from the ICC (the International Chamber of Commerce) Code of Advertising and Marketing Communication Practice, which underpins much of self-regulation worldwide
G-Regs was created to set out the rules for marketing communications internationally. Sales promotions are included where they appear in individual country marcom rules, as above, but they are not specifically researched. It's advisable, therefore, to make separate checks for the rules covering the offers and mechanics for car sales promotions in individual countries
The UK Institute of Promotional Marketing (http://www.theipm.org.uk/Home.aspx) provide international legal guidance to their members
Belgium
The Belgian motor trade association is Febiac (Federation of Belgian Automotive and Bicycle Industry), whose marcoms rules are at the core of safety, responsibility and environmental requirements, and are supported and administered by JEP, the Belgian self-regulatory organisation. This is Febiac's website:
http://www.febiac.be/public/home.aspx?lang=NL
Febiac's/JEP's marcoms code of September 2008 has recently (May 2014) been updated. This code, covering safety and environmental issues in particular, forms the core of self-regulation in car marcoms. The new version is here in French, with an English translation from the former code here. Translations of revisions are shown in the Content section A
Belgium
Copy advice is provided by the Jury (the self-regulatory organisation Jury d’Ethique Publicitaire - JEP) and is available in the early stages of advertising development, on the basis of a script and/or storyboard, or for the finished advertisement. A fee of 100 euros (excl. tax) is charged for each copy advice request and an online copy advice request form is available on JEP’s website
Clearcast runs an online one-stop-shop for international copy advice or pre-clearance across 23 countries, including Belgium, for The European Advertising Standards Alliance (EASA). This can be found at http://www.ad-advice.org
Belgium
STATUTORY LEGISLATION
Car-specific legislation
Royal Decree of 5th September 2001 relating to the availability of consumer information on fuel economy and CO2 emissions for consumers in the marketing of new passenger cars - Annexes I, III and IV (2001 – Arrêté royal concerntat la disponibilité d’informations sur la consommation de carburant et les émissions de CO2 à l’intention des consommateurs lors de la commercialisation des voitures particulières neuves; 2001 - Koninklijk besluit betreffende de beschikbaarheid van consumenteninformatie over het brandstofverbruik en de CO2-uitstoot bij het op de markt brengen van nieuwe personenauto’s). This decree implements the EU Directive 1999/94/EC, setting out the rules on communicating fuel consumption and CO2 emissions statistics in all forms of printed promotional and informational material, including items at points of sale. Amended by Royal Decree of 03/09/2004 following the amendment of Directive 1999/94/EC by Commission Directive 2003/73/EC of 24th. July 2003, amending Annex III:
http://www.ejustice.just.fgov.be/cgi_loi/loi_a.pllanguage=fr&caller=list&cn=2001090565&la=f&fromtab=loi&sql=dt=%27arrete%20royal%27&tri=dd+as+rank&rech=1&numero=1
An English translation of the relevant clauses is available here:
http://g-regs.com/downloads/BEFuelConsumptionandEmissions2001c.pdf
Royal Decree 19 March 2004 on Car Product Standards Articles 1, 7°, 5 and 7 contain the requirement for print advertisements and certain webpages (1.7° refers to web pages used within the meaning of the law of 14 July 1991, which is now repealed and replaced by the 2010 Market Practices Act now in Book VI of the Code on Economic Law). Article 7 refers to “all promotional material” to include the following “easily readable” reference to a webpage containing the required environmental information (French version): "Informations environnementales (AR 19/03/2004): (insert webpage)".
Dutch version of the law: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&cn=2004031941&table_name=wet
French version of the law: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2004031941&table_name=loi
An English translation of the key clauses is available here:
http://g-regs.com/downloads/BEEnvironmentalInfoc.pdf
An example of the arrangement in a "live" ad is shown here
2012 – Updated Royal Decree from 1975 Concerning General Rules on Traffic and The Use of Public Roads Title II. Rules for use of the public highways (Arrêté royal portant règlement général sur la police de la circulation routière et de l’usage de la voie publique. Titre II. Règles d’usage de la voie publique; Koninklijk besluit houdende algemeen reglement op de politie van het wegverkeer en van het gebruik van de openbare weg. Titel II: Regels voor het gebruik van de openbare weg). This law implements the Directive on the compulsory use of safety-belts for adults and specific seating and safety-belts systems for children under 150 cm. It also establishes all the specific rules for maximum speed limits, driving practices and road signage:
https://www.mobilit.fgov.be/data/route/regcir/RCRF.pdf (French)
https://www.mobilit.fgov.be/data/route/regcir/RCRN.pdf (Dutch)
Consumer protection legislation
2010 (amended 2012) - The Act on Market Practices and Consumer Protection (MPCP) ; Articles 91 and 100 (Loi relative aux pratiques du marché et à la protection du consommateur; Wet betreffende marktpraktijken en consumentenbescherming). The MCPC has been repealed and by the law of 21 December 2013, its relevant provisions incorporated in Book VI of the Code on Economic Law, effective 31-5-14. The rules (therefore) implement the EU Misleading and Comparative Advertising Directive and its update, the Unfair Commercial Practices Directive (2005/29/EC). Relevant clauses now in the Code cover such issues as “an invitation to purchase”, some pricing rules, and now in Art. VI 110 (from EU Directive 2009/136/EC), rules relating to telemarketing (and fax) that require the “specific, prior, freely given and informed consent” of the recipient:
28 February, 2013 Code on Economic Law (Code de Droit Economique); key clauses entered into force 31/5/2014:
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2013022819&table_name=loi
An English translation of the relevant clauses from the Code on Economic Law (Books VI and XII) is available here:
http://g-regs.com/downloads/BEEconomicCode.pdf
2012 - The Consumer Credit Act - Articles 5 and 6. (Loi relative au credit à la consommation; Wet op het consumentenkredit) This law implements the EU Consumer Credit Directive and applies rules on the information which must be provided to consumers in all marcoms for credits between 200€ and 75000€, whenever marcoms refer to a credit figure:
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=1991061230&table_name=loi (French)
http://www.ejustice.just.fgov.be/cgi_loi/loi_a.pl?language=nl&caller=list&cn=1991061230&la=n&fromtab=wet&sql=dt=%27wet%27&tri=dd+as+rank&rech=1&numero=1 (Dutch)
An English translation of the relevant clauses is available here:
http://www.g-regs.com/downloads/BEConsumerCredit.pdf
Article 14 of the Royal Decree of 21 June 2011 further executing article 5 of the Law above:
French version: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2011062105&table_name=loi
Dutch version: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&table_name=wet&cn=2011062105
And an English translation of the key clauses is here:
http://www.g-regs.com/downloads/BEJune2011DecreeReFormatConsCredit.pdf
See also the site of the competent governmental body (in French): http://economie.fgov.be/fr/entreprises/domaines_specifiques/Services_financiers/Credits/Reclame_Publicite/)
The laws on consumer credit and mortgage loans will be incorporated in Book VII of the Code on Economic Law. An important change with regard to advertising for consumer credit will be that the warning message will have to be included in all cases (so the current distinction according to whether or not figures are stated will be abrogated). Please note that these changes are not in force yet. The changes will enter into force on 1 April 2015, at which point the existing laws on consumer credit and mortgage loans will also be abrogated (repealed)
Channel legislation
2013 – Codified Audiovisual Media Services Decree of 17th July 2013 (consolidated version) for the French-speaking Community;; Articles 20, 21, 24 to 29 (Coordination officieuse des décrets modifiant les décrets sur les services audiovisuels pour la Communauté Française de Belgique) This law implements the EU Television Without Frontiers Directive, updated by the Audiovisual Media Services Directive. It regulates the programming, advertising, tele-shopping, sponsorship, and product placement for all French-speaking radio and TV channels. It allows “virtual” advertising during the transmission or re-transmission of sports events:
http://www.csa.be/documents/1440
An English translation of the relevant sections is available here:
http://g-regs.com/downloads/BECSADecreeTransb.pdf
2010 – Codified Television and Radio Broadcasting Decree for Flanders; Articles 68, 83, 89, 91, 92, 94, 97, 98, 99, 100. (Officieuze coordinatie van het mediadecreet voor Vlaanderen) Essentially the Dutch version of the (French-speaking) law above, this also implements the EU Television Without Frontiers Directive, updated by the Audiovisual Media Services Directive. It regulates the programming, advertising, teleshopping, sponsorship, and product placement for all Dutch-speaking radio and TV channels:
http://www.cjsm.vlaanderen.be/media/downloads/mediadecreet_officieuze_coordinatie_20100201.pdf
An English translation of the relevant clauses can be found here.
Decree of 27th June 2005 on audiovisual media services and cinema presentations for the German-speaking community; this completes the AVMS picture in Belgium and was amended by Decree of 3 December 2009, which implemented the provisions from the EU AVMS Directive 2007/65/EC:
http://www.medienrat.be/files/Dekret-neu.pdf
An English translation of the relevant clauses is available here
Decree of 14 July 1997 on the Statute of the Belgian Radio-Television of the French Community (RTBF) ; Radio Télévision Belge Francophone is the public broadcasting organisation of the French Community of Belgium:
Privacy and electronic communications legislation
2005 – Law of 13 June 2005 on Electronic Communications; (loi relative au communications electronique). This Act implemented the EU “Telecommunications Package” which forms the regulatory framework for electronic communications and included a number of Directives, including the “E-Privacy Directive” - Directive 2002/58/EC (now incorporated in the Code on Economic Law) concerning the processing of personal data and the protection of privacy in the electronic communications sector. Background to the EU Framework and telecoms package is here:
http://g-regs.com/downloads/EUTelecomDirectives.pdf
Article 129 of the June 2005 law, as amended by Article 90 of the law of 10th July 2012 - see below - provides for the processing of personal data on condition that consent based on clear information as to the data’s use is provided, and that there is a no-charge and simple means of revoking consent:
http://www.ejustice.just.fgov.be/cgi_loi/loi_a.pl?language=fr&caller=list&cn=2005061332&la=f&fromtab=loi&sql=dt='loi'&tri=dd+as+rank&rech=1&numero=1
The translated law is here:
http://g-regs.com/downloads/BEJUNE132005LawonElectronicCommunications.pdf
The law above was amended/updated by the “Telecoms Law” – the law of the 10th July 2012 containing various provisions regarding electronic communications:
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=2012071004
This law implemented Directives 2009/136/EC (the Citizens’ Rights or Cookie Directive) and Directive 2009/140/EC which in turn amended the “Telecoms Package”. Hope you're still with us
Law of 8 December 1992 on Privacy Protection. This law, which also established the Belgian Privacy Commission, is known as the Data Protection Act or DPA. Significant amendments were in the Law of the 11th December 1998 transposing EU Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (The Data Protection Directive). The most recent update is the Law of 17/06/2013. The 1992 Act as amended is linked below:
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1992120832
An informal translation is available via the following link:
http://www.privacycommission.be/sites/privacycommission/files/documents/Royal_Decree_2001.pdf
Law of 11 March 2003 on certain legal aspects of Information Society Services. (Loi sur certains aspects juridiques des services de la société de l’information, du 11 mars 2003): this law implemented the E-Commerce Directive 2000/31/EC on certain legal aspects of information society services. Relevant Articles are from Chapter III, Information and Transparency, Articles: 7-12 (Transposes Arts. 5 and 10 of E-commerce Directive) and Chapter IV: Advertising; Article 13 (transposes Art. 6 of E-Commerce Directive). This law has been abrogated (repealed) by the law of 15-12-2013 and its provisions now included in Book XII of the Code on Economic Law. Extracts from the Code including the provisions outlined above are available here:
http://g-regs.com/downloads/BEEconomicCode.pdf
The EU directive on consumer rights (DCR) was recently transposed into Belgian law, in Book VI of the new Belgian Code on Economic Law.
The DCR was adopted with a view to coping with new emerging technologies. European legislators chose to define concepts such as ‘digital content’ and further specified the rules regarding online consumerism. Such changes include for example providing for stronger obligations on traders to inform consumers of certain information prior to executing an online sales or services contract and a special right of withdrawal for consumers for distance and off-premises contracts
Royal Decree of 4th April 2003 regulating the sending of electronic commercial communications:
http://www.ejustice.just.fgov.be/cgi_loi/loi_a.pl?language=fr&caller=list&cn=2003040486&la=f&fromtab=loi&sql=dt=%27arrete%20royal%27&tri=dd+as+rank&rech=1&numero=1
Relevant article is Art. 2 (part-transposes Art 7 (2) re opt-out register of the E-Commerce Directive). Commentary from the legislators on these articles is available here:
http://g-regs.com/downloads/BECommentaryExemptionsE-mail.pdf
The regulators for data processing and privacy laws are the Belgian Privacy Commission, established by the 1992 Data Protection Act, and the Belgian Institute for Postal Services and Telecommunications
INDUSTRY CODES AND REGULATORS
2008 - Code on advertising for motor vehicles and their components and accessories; Articles 1 to 10. (Code en matière de publicité pour les véhicules automobiles ainsi que leurs composants et accessoires; Code inzake reclame voor motorrijtuigen, hun onderdelen en toebehoren) This Code has been agreed by the Belgian car manufacturers association FEBIAC and is managed by JEP, the Belgian advertising self-regulatory organisation:
http://www.jep.be/media/pdf/code_sectoriel/pubcode_fr__2008.pdf (French)
http://www.jep.be/media/pdf/sectoriele_code/pub_code_nl__2008.pdf (Dutch)
An English translation of the original version is here:
http://g-regs.com/downloads/BECarCodeb.pdf
A commentary (from JEP, the Belgian self-regulatory organisation) on recent changes to articles 6 and 10 (shown in the Content Section A) is here:
http://g-regs.com/downloads/BENoteFebiacamendsMay2014b.pdf
JEP (see above) apply and administer the International Chamber of Commerce (ICC) Code of Advertising and Marketing Communication Practice for the general advertising rules, i.e. those rules that apply to all permitted product sectors, including Cars. The French version of the Code is available here from the JEP website and the English version is here and also available later in this section with other more channel-specific codes from the ICC
2013 – Convention on advertising and marketing of alcoholic beverages – Articles 1(2) and 2 to 11 plus Annex B. This is the key reference document for alcohol marcoms content in Belgium, agreed between the Brewers Federation, the Spirits and Wine Federation, the Distributors' Federation, the Consumer Associations, the Hotel and Restaurant organisations and the Council for Advertising (Conseil de la Publicité), the body organising and funding the Belgian self-regulatory organisation Jury d'Ethique Publicitaire – JEP.
French version: Convention en matière de conduite et de publicité des boissons contenant de l’alcool:
http://www.jep.be/media/Convention alcool FR 2013.pdf
Dutch version: Convenant inzake gedrag en reclame met betrekking tot alcoholhoudende dranken:
http://www.jep.be/media/Alcoholconvenant NL 2013.pdf
An English translation of the relevant clauses is available here:
http://www.g-regs.com/downloads/BEAlcConventionB2013.pdf
2006 - The Code of Ecological Advertising. Articles 1 to 14 (Code de la publicité écologique). This code is from the Commission for Ecological Labeling and Advertising, which sits within the Consumer Council, the main advisory body on the issues of consumption and consumer protection. The Consumer Council delivers its advice to the Ministry of Consumer Protection and the Economy Ministry, and has legislative and executive powers on consumer issues. Their code is based on the ICC environmental code, and also sits within JEP, the advertising self-regulatory organisation in Belgium:
http://economie.fgov.be/fr/binaries/code_fr_tcm326-63197.pdf
The Dutch and French versions of this code can also be found here:
http://www.jep.be/media/pdf/intersectoriele_code/milieu_nl.pdf
http://www.jep.be/media/pdf/code_intersectoriel/milieu_fr.pdf
And an English translation here
Code of Conduct of the Belgian Direct Marketing Association. (Gedragscode - Code de Conduite)
http://www.bdma.be/fckeditor/userfiles/file/code version 2012 09 06.pdf
An unofficial English translation is available here:
http://g-regs.com/downloads/BEBDMAtransJuly2014b.pdf
2011 – Consolidated ICC Code of Advertising and Marketing Communications:
http://www.codescentre.com/downloads.aspx
The ICC Code Centre is at http://www.codescentre.com/ where you can find all the ICC Advertising and Marketing Communication Practice codes separately:
http://www.codescentre.com/icc-code/sales-promotion.aspx
http://www.codescentre.com/icc-code/sponsorship.aspx
http://www.codescentre.com/icc-code/direct-marketing.aspx
http://www.codescentre.com/icc-code/digital-interactive-media.aspx
http://www.codescentre.com/icc-code/environmental-claims.aspx
Federation of European Direct and Interactive Marketing (FEDMA). FEDMA is the principal source of knowledge of the DM channel across Europe:
http://www.fedma.org/index.php?id=30
The European Sponsorship Association can be found at:
www.sponsorship.org