The Dutch Adversiting Code Authority
The Dutch Advertising Code Authority (SRC) deals with private-sector complaints about advertisements, including complaints from consumers. The SRC has drawn up regulations advertising companies are required to comply with, the so-called Dutch Advertising Code (NRC).
In addition, the Advertising Code Committee, which is an independent body, has been created for assessing whether advertisements that have been complained about violate the NRC.
In principle, the Netherlands Consumer Authority will leave it to the SRC to handle any violations regarding misleading advertising that fall within the latter's jurisdiction.
The Netherlands Consumer Authority can take action in cases where a supplier does not comply with the SRC's ruling, as well as in cases where the NRC is not applicable. In addition, in case of serious violations, the Netherlands Consumer Authority can take direct action. The above has been laid down in more detail in a co-operation protocol between the SRC and the Netherlands Consumer Authority.
Market authorities
Several public authorities are authorised to deal with violations of consumer protection laws in specific sectors. The Netherlands Healthcare Authority (NZa), The Netherlands Competition Authority (NMa), including the Office of Energy and Transport Regulation, The Netherlands Authority for the Financial Markets (AFM) and the Netherlands Independent Post and Telecommunications Authority (OPTA) are authorised to do so in their respective sectors. In case of a violation in one of these sectors, the sector-specific authority will handle the case. In these situations, the Netherlands Consumer Authority will not use its powers unless asked to do so by the sector-specific authority. Procedures for cooperation with said government agencies have been laid down in cooperation protocols, along with agreed interpretations of terms.
Dutch Public Prosecution Service
Some violations of consumer law regulations may be accompanied with conduct deemed to be a criminal offence, such as fraud or deception. In such a case, there is an overlap with the jurisdiction held by the Dutch Public Prosecution Service (OM) under criminal law. In those kinds of situations, the Netherlands Consumer Authority is required to hand over the case to the Dutch Public Prosecution Service. If the Dutch Public Prosecution Service then announces it will not initiate criminal proceedings, or if a period of 13 weeks has elapsed since the Netherlands Consumer Authority handed over the case to the Dutch Public Prosecution Service, the Netherlands Consumer Authority may act on the basis of its own powers. This is explained in more detail in cooperation agreements with the Dutch Public Prosecution Service.
Other authorities
In some situations, the Netherlands Consumer Authority will co-operate with other national authorities in cases of mutual interest in order to co-ordinate investigations, to come up with effective solutions, and to share reports on possible violations.
