Simont Braun - Avocats advocaten lawyers

Marketing, e-Commerce and Retail

Be it online or in the 'real world', marketing, advertising and the selling of products and services raise many legal issues regarding consumer protection, safety, labelling, advertising and sales practices (mainly under EU directives transposed into national rules).

Data protection also becomes a key aspect of new marketing strategies, with e-commerce making such issues more international and complex than ever.

Advertising is not only a matter of consumer protection but also an essential marketing tool that will be closely monitored by your competitors.

Where should you start?

Does your website comply with e-commerce rules? Is your brand sufficiently protected? Which legislation applies to the products or services in question? Can you use the same advertising anywhere? What about explicit or implied comparison in your advertising? Many such questions arise every day.

Simont Braun assists professional bodies, communications agencies, online merchants and Belgian and foreign businesses regarding distributorships, sector-specific rules, anti-competitive practices, trademarks, copyright, online sales, offline and online T&Cs, advertising, parasitic behaviour, promotional and other trade practices, consumer protection, GDPR compliance, etc.

Our approach

We focus on the market realities and your commercial needs when handling such matters, whether in the context of negotiating and drafting contracts, dispute resolution or opinions.

Our team is well-versed in negotiating with the competent administrative and professional bodies, such as Economic Inspection, the Gaming Commission, the Federal Agency for Medicines and Health Products, the media supervisors including Mediaraad and Conseil supérieur de l’audiovisuel (CSA) and the Advertising Council (JEP).

Some of our recent assignments in this sector:

  • Setting-up various forms of distribution schemes and handling related questions, such as exclusive distributorships, agencies, sale commissionaires, sales on consignment, pre-contractual information, logistics services (warehousing, transport), confidentiality contracts and 'home party' marketing formulas;

  • Assistance provided to a large Belgian online retailer in order to obtain a consumer credit licence and ensuring that their operating model is fully compliant with applicable anti-money laundering and terrorism financing regulations;

  • Successful defence of an importer of generic drugs in the context of judicial proceedings regarding an advertising campaign;

  • Support for the preparation of a TV spot for the 2018 Football World Cup (ambush marketing issues);

  • Assistance before the Gaming Commission regarding an allegedly prohibited game of chance;

  • Assistance provided to a supermarket chain during court proceedings over price comparisons and access to the underlying data.