Definitions (EN)
In this Code, the following definitions apply:
promotional advertising: an advertising for an alcoholic beverage where the recommendation mainly relates to the conditions regarding provision to the consumer, such as price, duration of the promotional period, etc.;
active internet marketing: advertising messages which are actively distributed or made possible by the advertiser, completely or partly for his own benefit, on and/or through the internet. By active internet marketing we mean, among other things:
- the active sending of advertising messages by the advertiser through the internet, to selected receivers;
- advertising messages on or through an internet platform, among which a social media platform, by the advertiser, as well as advertising messages by a third party, completely or partly for the benefit of the advertiser, as far as this concerns an internet platform where the advertiser can to some extent determine or influence the showing or the content of the message.
alcoholic beverage: a beverage that contains more than a half (0.5) percent of alcohol by volume (abv) at a temperature of twenty degrees Celsius;
the industry: the part of the business community that is involved in the production, import, distribution, sale and provision of alcoholic beverages;
catering promotions: promotions in catering establishments, at events or parties, where a promotion team (whether or not dressed in the look & feel of the brand) on behalf of the producer or importer enables the attending public to become acquainted with one of the brand products of the producer or importer;
influencer: someone who exerts influence on a specific target group through social media. For example, a distributor can be an influencer;
interactive action displays: a display in which a dialogue is created with elements of the display by pressing buttons or other forms of communication. An example of this could be a screen on which a bartender gives tips about products containing alcoholic beverages to the display operator based on the information he or she entered.
broadcasting station for youngsters: a broadcasting station of which more than 25% of the total viewing and listening audience is minors. The determination of the percentage of minors in the watching and listening audience is based on the weighted average of the viewing and listening figures, as compared to the entire programme selection of a certain broadcasting station. The percentage shall be measured by a generally accepted viewing and listening survey. Each year the industry determines, on the basis of research by an independent agency, which broadcasting networks are to be designated as broadcasting stations for youngsters;
minors: persons under the age of 18 years;
under-the-cap action: an action organised by the advertiser where consumers come into possession of win codes or similar codes by opening a non-reclosable packaging (bottles with crown caps, cans), by which they can take part in winning prices;
premium: a gift article bearing the brand name and/ or the logo of an alcoholic beverage that the consumer receives with the purchase of alcoholic beverage in the retail or catering channel or which the consumer receives as part of a catering promotion;
printed advertising messages: advertisements in newspapers, magazines, on posters and flyers including billboards, swanks, bus shelters and illuminated street advertising columns in which an alcoholic beverage, brand or producer is the central point of attention;
tasting in a liquor store: the occasion where, in accordance with the conditions drawn up for this purpose, as described in the explanation with Article 26, an alcoholic beverage is offered free of charge at the request of the consumer for consumption on site at the liquor store.
advertising for alcoholic beverages: any public and/or systematic, direct or indirect recommendation of alcoholic beverages and of non-alcoholic beverages as far as these are recommended for consumption together with alcoholic beverages by an advertiser or entirely or partly on behalf of this advertiser, whether or not by means of any third parties. By advertising we also mean services;
relevant relationship: the relationship between the Advertiser and the Distributor aimed at distributing advertising via social media, for payment or any other benefit, which can influence the credibility of the advertising through social media;
sampling: the occasion where, on the initiative of a member of the industry, in accordance with the conditions drawn up for this purpose as described in the explanation of Article 27, an alcoholic beverage is offered to the consumer for free for consumption on the spot at a fair, during a catering or event promotion or at another location that complies with the applicable legal requirements;
sponsoring: financial support by a member of the industry;
trade fair: an occasion where alcoholic beverages are brought under the attention of, predominantly, professional suppliers, by a member of the industry in a Business-to-Business (B2B) setting.
distributor: the person who has a relevant relationship with the advertiser and distributes advertising via social media. A distributor can be a natural or legal person. By distributor we do not mean an administrator of social networking sites and forums who facilitates communication between participants and takes a content-neutral approach. An example of a distributor is an influencer.