Non-legislative means of consumer protection: The Dutch perspective

Abstract

This report approaches the new spheres of self-regulation, soft law and deregulation in the Netherlands from both a factual and historical point of view. Using the Dutch Advertising Code as an example, the article discusses the advantages and disadvantages of self-regulation, thereby illustrating that self-regulation may even lead to greater protection of the consumer than would otherwise be achieved: the operation of the Dutch Advertising Code is not only successful, but is also more far-reaching than the draft EEC directive on misleading advertising. Self-regulation exists in many other spheres which, however, do not necessarily further protect the position of the consumer. Where a Complaints Commission exists, the situation is somewhat different in that disputes may generally be settled without great expense and relatively quickly. Self-regulation and concerted action have achieved a certain level of consumer protection in the Netherlands, but this, of course, does not mean that there is no room for progress: the author here shows the inter-dependency of non-legal rules with legal rules despite the tendency seen in the past years in the Netherlands to deregulate what were formerly public agencies and consumer-related institutions.