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:

• Fuel consumption and CO2 emissions expressed in, respectively, litres per 100 km (l/100km) and grams per one kilometre (g/km) 
• Either the official fuel consumption and emissions of all featured models, or the figures of the lowest and the highest of the models featured
• Other indications, symbols or inscriptions relating to fuel consumption or CO2 that do not comply with the requirements and that may cause confusion may not be included

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) 

• Make a case for speed, particularly top speed, or imply its appeal. The same applies to acceleration, braking power or any characteristic of a vehicle where speed is a factor (Art. 1)
• Describe or show by text, sound or image any driving behaviour in contravention of driving regulations, the Highway Code or safety requirements. Moreover, marcoms may not encourage such behaviour (Art. 6 former version)
  New version (introduced 15th May 2014) Art. 6:
• Describe or show by text, sound or image any behaviour on the road network that violates the Highway Code or safety requirements, except in the context of promoting the active and passive safety qualities of vehicles and components or accessories in compliance with Article 2 of this Code. In no case may advertising encourage such behaviour
• Images of or references to races, rallies, etc. are permitted on condition that they are unambiguous, i.e. the vehicles and their components or accessories must be shown just as they are used and seen during the race. It must be clearly stated that production vehicles are not designed for use in day-to-day traffic as if they were competition and rally cars (Art.3)
• Use the active and passive safety properties of the vehicles and their components or accessories in such a way as to suggest that they can allow the rules of caution and road safety to be broken (Art. 2)
• Link car advertising to alcohol consumption (from the 2013 Alcohol Convention)
• Show any occupant NOT wearing a seat belt, or children up to 8 years old and not taller than 135 cm NOT being in suitable child seats/structures for cars with adapted safety belts, unless it is entirely obvious that the vehicle is not being or about to be driven (Art. 10)

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:

• Children may appear in a commercial in order to recommend behaviour that improves safety or to introduce safety or comfort features. Children may also appear in a commercial in a family context
• In no case shall reference be made to children in the commercial to recommend, directly or indirectly, any dangerous or "sports" behaviour
• When children - or any other occupant - are shown inside an automobile they must always wear the safety devices stipulated by law (seat belts, the correct seats for their age, airbags, etc.), unless it is indisputably obvious that the vehicle is not being used in normal road traffic conditions

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:

• Portray in a disparaging or demeaning way careful behaviour when driving a car or using a component or accessory  (Art. 8)
• Present, describe, or make reference to disrespectful or aggressive behaviour towards other road users (Art. 7 Car Code)
• Describe or show in the text, sound or image any driving behaviour in contravention of driving regulations, the Highway Code or safety requirements. Moreover, marcoms may not encourage such behaviour (Art. 6); see above for amends to this clause

Environmental or “green” claims (from article 4 of the Car Code): 

• Marcoms must not encourage environmentally unfriendly behaviour
• Marcoms may use/depict a place that clearly is not part of the road network to present or describe characteristics of a vehicle or component or accessory provided that either in the text or the visual one of the following conditions is met: 

- 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:

• Include "Bait" advertising: offering cars at a particular price with the aim of selling different models (Art. VI. 100, Code on Economic Law)
• Pretend that an offer price for a car will apply only for a very short period in order to force a quick decision (Art. VI. 100, Code on Economic Law)

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:

• The interest rate, fixed and/or variable
• All the charges included in the total cost of credit 
• The total amount of credit
• The annual percentage rate (APR)
•  The duration of the credit agreement
• In the case of deferred payment for cars or services (leasing arrangements), the cash price and the amount of any deposit, and
• Where applicable, the total sum payable and the number of instalments 

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:

• Encouragement of consumers unable to meet their debts to use credit
• Enhancing the ease or speed with which credit can be obtained
• Encouragement to consolidate or centralise outstanding loans, or that current credit agreements have little or no influence on the assessment of an application for credit

 Also prohibited is any advertisement for a credit agreement which:

• Refers to a license, a registration or an inscription/record as defined in this act
• Indicates that a credit agreement can be made without information that assesses the consumer’s financial situation
• States an identity, address or aspect other than that provided to the SPF Economie, P.M.E., Classe moyennes et Energie (FPS Economy, S.M.E.s, Self-employed and Energy Contact Centre) by the advertiser as part of the approval process, registration, or record
• When indicating a type of credit, uses a different description than that used in this Act’s designation
• States attractive rates without indicating the specific or restrictive conditions to which the advantage of these rates is subject
• Communicates with words, signs or symbols that the value of credit is made available in cash 

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)

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)

• Product placement is only permitted in TV series, films, sports programmes and light entertainment programmes (Art. 99 (1))
• Product placement is prohibited in children’s and news programmes (Art. 99 (1) and Art. 50)
• Product placement in the form of goods or services supplied free of charge, such as production props and prizes, is permitted in all types of programmes with the exception of children’s programmes 

Programmes that contain product placement must meet the following requirements: 

• Content and scheduling must never be influenced so that the responsibility and editorial independence of the broadcaster is affected
• They do not directly encourage the purchase or rental of goods or services, which includes making specific promotional references to them
• They don't place undue prominence on the product or service
• Viewers must be clearly informed of the presence of product placement, flagged in a suitable manner at the beginning and at the end of the programme, or after a commercial break (Art. 100)

Sponsorship (applies to all communities for TV services and Teletext)

Sponsored programmes must meet the following requirements:

• Content and programming must not be influenced by the sponsor such that the responsibility and editorial independence of the broadcaster are affected
• Must not directly encourage the purchase of goods/services, specifically by promoting those goods/services
• Viewers must be clearly informed of the existence of a sponsorship agreement. Sponsored programmes will be flagged as such, by mentioning the name and/or logo and/or another distinctive sign thereof, such as a reference to its products or services or a trade mark, at the beginning, during, and/or the end of the programme, programme component or Teletext page
• Visual identities of the sponsor or that are related to the sponsor are allowed, as well as image-supporting slogans of the sponsor or the latter's products or services
• Sponsorship mentions may only be inserted at the beginning or the end of the programme or programme component
• The reference may be animated and may be no longer than five seconds per sponsor (check trans) and 10 seconds in total
• No reference to sponsorship may be made within a period of five minutes before and after children's programmes on the Flemish Community television broadcast
• Mentioning or showing a sponsor’s logo during children’s programmes or on Teletext pages aimed at children is prohibited
• News & political affairs programmes may not be sponsored (both communities). Traffic announcements, weather bulletins or predictions and stock exchange news can be sponsored provided they are clearly isolated from the news programme (Art. 96 – French community)

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)

• Only allowed on French-speaking channels, and on the re-transmission or direct transmission of sports events
• May not affect the quality of the programme
• May only be shown on the surfaces which are usually used for advertising and only if no individual player is visible on the area
• Not allowed on people/equipment 

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)

• The length of time of the announcement of sponsorship may not exceed ten seconds with a maximum of six advertisements per hour of a sponsored programme (Art. 24 (4))
• Sponsorship identification may be included during the commercial break of TV and film, as well as in the trailers that promote the programme (Art. 24 (2))
• A single sponsor cannot sponsor all programmes broadcast during the course of a single day (Art. 24 (8))
• In television services, during the live broadcast or pre-recorded transmission of sports events/competitions, occasional references to sponsorship can occur even during the report and particularly during slow motion sequences and natural pauses/breaks, provided they do not interfere with the visibility of the sporting action

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

• Isolated radio commercials remain an exception. One isolated radio commercial is permitted per broadcasted programme per day
• In addition, isolated radio commercials are also permitted:

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))

• Broadcasts of religious services, devotional and philosophical programmes and news programmes may not be interrupted by advertising

Sponsorship

• As per television (Art. 90)

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

• For linear audio services, the maximum length of the advertising and teleshopping spots within a given clock hour shall not exceed 20% (Art. 22 (1))
• For non-linear audio services, the maximum advertising and teleshopping time inserted into a programme cannot exceed 20% of the duration of this programme (Art. 22 (2))
• Advertising, teleshopping and self-promotion cannot interrupt programmes of a lyrical or dramatic nature (e.g. opera), except during natural breaks
• Advertising, teleshopping and self-promotion cannot be inserted in news broadcasts, in programmes for children, in broadcasts of religious and secular ceremonies (Art. 23)

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:

• Fuel consumption and CO2 emissions data specific to every featured vehicle and expressed in, respectively, litres per 100 km (l/100km) and grams per one kilometre (g/km)
• This information must be easily legible, easy to understand even when read quickly, and not less prominent than other information
• Must not contain any other indications, symbols or inscriptions relating to fuel consumption or CO2 that do not comply with the requirements and that may cause confusion 
• Must specify either the official fuel consumption of all featured models or the average fuel consumption and CO2 emissions of the model with the lowest values and the model with the highest values 
• 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 

Information must be presented as follows (from the 2008 Car Advertising Code, Article 5; see Section F for link):

• Horizontally vis-à-vis the commercial message
• In the illustration and separated from other text
• In a legible font and with a standard spacing
• Clearly distinguishable from the background
• In a font size at least as big as the smallest font size (except subscripts, indices and other special characters) in the advertisement, with each character to have the following minimum sizes, for formats:

•    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):

• Horizontally vis-à-vis the commercial message
• In the illustration and separated from other text
• In a legible font and with a standard spacing
• Clearly distinguishable from the background 
• In a font size at least as big as the smallest font size (except subscripts, indices and other special characters) in the advertisement, with each character to have the following minimum sizes, for formats:

•    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

• The credit, safety, and environmental requirements set out in Section A apply to all media
• Marcoms that include technical details of a car must contain information on CO2  emissions, as set out in the Content Section A 
• Manufacturers’ websites should contain a table (or other form enabling an easy comparison) of all the data for fuel consumption and CO2 emissions of the cars on offer. The table should facilitate a comparison between various versions and models
• All sites should allow the user easy access to the comparative table with a simple click of an ad-hoc button, menu, or any other link
• Various forms and formats of Internet Advertising (e.g. banners) other than on the manufacturer’s website must give easy access by one click to figures on fuel consumption and CO2 emissions. These must be presented legibly and must be printable 

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:

• The subscriber or user is clearly informed of the processing of personal data and the use to which that data is put
• The subscriber or user provides his/her consent
• The controller provides the opportunity, free of charge and simply applied, for the subscriber or user to withdraw consent  

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”

• The use of email or other methods of electronic communication for advertisements is prohibited without the prior, free, specific, and informed consent of the recipient of the message(s). This prohibition is repeated in article VI. 110 of the Code on Economic Law (the provisions were formerly in the Law Of 6 April 2010 concerning Market Practices and Consumer Protection)

When sending any e-mail advertising the sender must:

• Provide clear and understandable information about the right to object to receiving future advertising
• State and provide an appropriate electronic means to exercise this right effectively. (On the joint recommendation of the Minister and Minister of Justice which it empowers, the King determines the manner in which providers respect the will of the recipient not to receive commercial electronic mail) 

When sending email advertising it is prohibited to:

• Use the email address or the identity of a third party
• Falsify or conceal any information that identifies the origin of the e-mail message or its transmission path
• Encourage the recipient of messages to visit websites violating Article XII.12
• Evidence of the misleading nature of email advertising rests with the claimant
  (Art. XII. 13 CEL)

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:

• The supplier has obtained the contact information of its clients in the context of the sale of a product or service, and the client's privacy is being respected
• The supplier has used the contact information exclusively for similar products or services, delivered by the same service provider
• The supplier provides the means for the consumer to refuse, easily and free-of-charge, the provider's continued use of the consumer's contact information

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 4^th 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

• Advertising must be immediately recognisable as such, both in terms of its overall impression and its specific presentation; it should include the statement “Publicité” (advertising) in an obvious and unequivocal way
• The advertiser must be clearly identified, whether “a natural person” (i.e. an individual) or a company
• Special offers such as notice of price reductions or linked special offers must be clearly identified as such and the conditions for taking them up must be easily accessible and worded in a precise and unambiguous manner
• Promotional competitions or games must be clearly recognisable as such, and their entry conditions must be easily accessible and clearly and unequivocally presented
  (Art. XII. 12)

Telephone and fax

• The use of automated calling systems without human intervention (automatic calling machines) and fax machines for the purposes of direct marketing is prohibited without the prior specific, informed and freely given consent of the recipient of the messages
• Consent may be withdrawn at any time by the person who gave it without having to give a reason for doing so and without the person becoming liable for any expense
• The burden of proof that the communication sent by a means referred to in this article, or determined in application thereof, rests with the sender
• The King may, by Royal Decree deliberated in the Council of Ministers, extend the prohibition referred to in Subpara. 1 to other means of communication, taking account of their technological development

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)

• The operator offers to recipients the opportunity to oppose at any time the use of the phone number or phone numbers assigned to it for direct marketing purposes
• The recipient may exercise this right of opposition free-of-charge and can at minimum communicate this by phone, letter or e –mail
• At the conclusion of the contract, the operator expressly and particularly draws the attention of the subscriber to this right
• The operator records the recipient’s opposition, as referred to above, within five working days in a file for that purpose and notifies the subscriber of the date of registration
• The operator makes available to tele-marketers the file that contains the phone numbers of those customers who do not want direct marketing calls
• An operator may delegate the performance of these obligations to a non-profit organisation with which it contracts to this effect
  (Art. VI. 111 CEL)
• Any telephone call for direct marketing purposes to a phone number that is listed in the file referred to above is prohibited. For calls for direct marketing purposes, the caller must first check if the number in question is not in this file
• The prohibition referred to above shall not apply to calls to telephone numbers of subscribers who have given their express consent to telemarketers or their agents to use their personal data for such purposes (Art. VI. 112 CEL)
• Operators and telemarketers or their agents bear the burden of proof of compliance with this section (Art. VI. 113 CEL)
• The King may, after consulting the Commission for the Protection of Privacy, take steps to:

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

• The King may, after consulting the Commission for the Protection of Privacy, approve an association or organisation that includes the obligations of all operators referred to above
• This association or organisation may be approved only on the basis of eligibility criteria determined by the King and which offers at least the following guarantees:

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 

• These are in remit in Belgium; that means that marketers' own marketing communications, as defined in the EASA DMC Best Practice document linked above in the introduction to this section, are covered by the rules
• Exemptions are also explained in the Best Practice document; those exemptions include User-Generated Content (UGC), except when it has been endorsed by the marketer. The same principle applies to viral marketing communications

7. Event Sponsorship
We have been unable to trace any rules specific to cars and events sponsorship 

• General sponsorship rules according to the ICC (the International Chamber of Commerce, whose code of Advertising and Marketing Communication Practice underpins much of self-regulation worldwide) for permitted categories can be found here
• See the following link (also under Industry Codes in Section F) to access further guidance provided by the European Sponsorship Association (ESA): http://www.sponsorship.org

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

• There are two types of label per Annex I of the 2001 Royal Decree; the only difference is that one is for petrol and one is for diesel cars. The key references at the head of the pages in the law linked here are 35485 (petrol) and 35486 (diesel) respectively
• A French-language (translations are immediately below the text in the label) version of the required label is shown here 
• Labels should be A4 in size and in a prominent place next to each vehicle offered for sale 
• The presence of any other symbols, labels or posters that may confuse the customer is forbidden
• The label must contain the following information (per the link above):

•    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:

• Be at least 70 cm x 50 cm
• Display the information in an easily readable manner
• Group & list cars separately according to the type of fuel they consume (petrol, diesel, etc. This is the list to which we refer in the introduction to this point 8)
• For each fuel type, models should be ranked in order of increasing CO2 emissions; models with the lowest official fuel consumption must be put at the top of the list
• Show for each model from the list the official fuel consumption and CO2 emissions data
• Fuel consumption is expressed in litres per 100 kilometres (l/100 km) accurate to one decimal place
• CO2 emissions in grams per kilometre (g/km) and rounded to the nearest whole number

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

• Information must be in French, Dutch, or both languages (depending on the region). It is the same as shown above for labels, i.e. the text commencing “Un guide…..” The only difference between the standard “label” and “poster” information is that the final sentence of the warning text for the posters is “Le CO2 est le principal gaz à effet de serre responsable du réchauffement planétaire” (“CO2 is the main greenhouse gas that contributes to global warming”). This replaces the sentence about regular servicing that features in labels
• Information must be updated at least every six months; between updates, new cars should be added to the bottom of the list

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

• Sending unsolicited communications to an individual (in this context that means addressed mail, because the individual is identified, which means that their personal data will have been processed) is prohibited unless you have their “freely given, informed and specific” consent
• Promotional material in Direct Mail is subject to the same requirements as those set out in e-mails etc. under point 6 of this section, and contained in Books VI and XII of the Code on Economic Law linked here in English. Basically, material must be very clear on a) how and where advertisers can be contacted b) any terms related to competitions especially, and c) pricing. If the last is part of communications, it is likely that the "Invitation to Purchase" rules must be followed. These are also available in the Economic Code linked earlier, and set out right at the beginning of the Content Section A in these pages
• All “natural persons” (i.e. individuals) who do not wish to receive addressed unsolicited promotional mail may register for free in the following file: the "Robinson Mail" list (also known as MPS or Mail Preference Service and Robinson list). This list is managed by the BDMA. The contacts of any person registered in the Robinson list must necessarily be struck off from the users’ prospect files (from Art. 42, BDMA Code of Conduct)
• Unaddressed mail (as in “The Occupier” etc.) is exempt from the above, as is addressed promotional mail sent to an individual in the context of and at the address of their professional role, as is addressed promotional mail to a party’s own customers or individuals who, after their inclusion in the Robinson list, expressed the desire to receive such mail (e.g. following a request for information) (From Art. 43, BDMA Code of Conduct)

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

• The BDMA is a member of FEDMA, the European Federation of Direct and Interactive Marketing, who would be the first port-of-call for Direct Marketing enquiries in Europe
• The BDMA Code provides two types of “Robinson” (opt-out) lists; available here
• And a “green” code, available here. This is to do with “the handling of direct marketing tools in an ecological way.” It has not been translated as it is not germane to content
• General rules, i.e. Direct Marketing/Mail rules applicable to all permitted categories, can also be found here. These are from the ICC's Code of Advertising and Marketing Communication Practice, which underpins much of self-regulation worldwide

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:

• An annual list of all the models of new cars available for sale in Belgium at the date of publication of the guide, grouped by brands in alphabetical order
• For every model in the guide the type of fuel and the official fuel consumption and CO2 emissions data. Fuel consumption must be stated in litres per 100 km (l/100km) accurate to the nearest decimal point, whereas CO2 emissions must be expressed in grams per kilometre (g/km) rounded to the nearest whole number
• A prominent, visible list of the ten new best-performing cars in terms of energy efficiency, listed in progressive order of the CO2 emissions for every fuel type. The list must include the car mode and the official fuel consumption and CO2 emissions data
• Advice to drivers about how correct use and regular maintenance of the vehicle and driving behaviour such as: avoiding aggressive driving, travelling at lower speeds, anticipation braking, correctly inflating tyres, reducing periods of idling, and not carrying excessive weight can improve fuel consumption and reduce CO2 emissions of their passenger car
• An explanation of the effects of greenhouse gas emissions, potential climate change and the relevance to this of emissions from motor cars, as well as a reference to the different fuel options available to the consumer and their environmental implications based on the latest scientific evidence and legislative requirements
•  A reference to the European Union’s target for the average emissions of CO2 from new passenger cars and the date by which the target is to be achieved: http://ec.europa.eu/clima/policies/transport/vehicles/cars/index_en.htm
• A reference to the European Commission’s own guide on fuel economy and CO2 emissions on the internet, when available

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

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

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

STATUTORY LEGISLATION
Car-specific legislation

Royal Decree of 5^th 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 17^th 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 27^th 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:

http://www.csa.be/system/documents_files/589/original/PARL_19970714_decret_rtbf_consolide20140106.pdf?1389019466

 

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 10^th 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 4^th 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