Advertising Code for the use of the Postal Filter 2021
The objective of this special advertising Code is to inform consumers, companies and organizations in a uniform way about the use of the National Register of Deceased Persons and the Postal Filter of the Postal Filter Foundation.
Article 1 Definitions
In this Code the following definitions apply:
- Postal Filter Foundation: the organization, with its registered office in Amsterdam, that is responsible for and in control of the National Register of Deceased Persons and the Postal Filter.
- National Register of Deceased Persons: the register containing the personal data of deceased persons that are recorded through registration on the website https://nationaaloverledenenregister.nl/ or any other associated website for registration of deceased persons or any other communication channel.
- Postal Filter: the register containing personal data of persons who do not want to be contacted by Direct Mail that are recorded through registration on the website www.postfilter.nl or any other associated communication channel .
- Postal Filter Statement: the notification referring to the Postal Filter, as it reads on the website www.postfilter.nl from time to time, that should be included in an advertisement.
- Advertiser/Instructor: the legal person or natural person who, acting in the course of his profession or business, issues Advertising or instructs that the Advertising is issued.
- Person: a natural person, not acting in the course of a profession or business.
- Advertising: any public commendation of goods, services or ideas (together referred to as: products). The solicitation of services is also considered advertising, with the exception of market research.
- Direct Mail: any unsolicited Advertising, with the exception of market research, which is addressed (with and without initials and/or first name and/or surname) and physically sent by post to a person, which is not an integrated part of another medium, such as newspapers and magazines.
Advertisements in and advertising supplements belonging to another medium, such as newspapers and magazines, and which are sent together with that other medium to a subscriber or existing customer/relationship, fall outside the scope of the Postal Filter Foundation and this Code; they are not covered by the definition of “Direct Mail”.
- Non-Customer: a Person with whom an Advertiser/Instructor does not have an existing customer relationship and whose contact details an Advertiser/Instructor has processed directly or through a third party.
An (existing) customer relation shall in any case be understood to mean the situation where the data have been obtained in the context of a sale of a product or service. Account may be taken of the manner in which or the circumstances under which the Person concerned has accepted that an Advertiser/Instructor has recorded his/her data to be used for Direct Mail purposes in connection with, for example, a donation, gift or request for information in the past.
Article 2. National Register of Deceased Persons
Any heir or person directly involved can have a deceased person recorded in the National Register of Deceased Persons (on www.nationaaloverledenenregister.nl), in order to prevent an Advertiser/Instructor from sending Direct Mail to a deceased person.
Article 3. Postal Filter
Any Person who does not want to receive Advertisements by Direct Mail can register his contact details (name and address) or optionally his (anonymous) address details for this purpose in the Postal Filter (on www.postfilter.nl).
Article 4. Duration of Cancellation
4.1 The contact details of a Person are recorded in the National Register of Deceased Persons for a period of ten years.
4.2 The contact details of a Person are recorded in the Postal Filter for a period of six years. Anonymous address details shall be recorded in the Postal Filter for two years at a time.
Article 5. Direct Mail by Advertiser/Instructor
5.1 Before the Advertiser/Instructor uses an address database with Persons (customers) and/or Non-Customers for the purpose of sending Direct Mail, he shall always consult the National Register of Deceased Persons. The Advertiser/Instructor is not permitted to send Direct Mail to a deceased person who is listed in the National Register of Deceased Persons.
5.2 Before the Advertiser/Instructor uses an address database with Non-Customers to send Direct Mail, he should always consult the Postal Filter. The Advertiser/Instructor is not permitted to send Direct Mail to a Non-Customer that is recorded in the Postal Filter database.
5.3 The consultation of the National Register of Deceased Persons and the Postal Filter referred to in Articles 5.1 and 5.2 shall take place within a maximum period of six weeks prior to the actual sending of Direct Mail.
5.4 An Advertiser/Instructor that wishes to send Direct Mail to Non-Customers shall, in order to obtain an address database, only use suppliers who demonstrably comply with the General Data Protection Regulation, for example, but not exclusively, through recognition with the DDMA Privacy Guarantee.
5.5 The Advertiser/Instructor who sends Direct Mail to Persons (customers) and/or Non-Customers shall indicate on or in his Advertisement the possibility of registration in the Postal Filter in order to enable Persons to easily indicate that they do not wish to receive Direct Mail.
The way of including the Postfilter Statement is described on the website www.postfilter.nl. Examples of the Postfilter Statement are:
“Do you no longer wish to receive advertising mail? On www.postfilter.nl you can easily unsubscribe from receiving advertising mail from advertisers you are not or were not a customer of.”
“No more advertising mail? Submit your objection on www.postfilter.nl”.
Article 6. Complaints
6.1 A Person who believes that an Advertiser/Instructor is acting in violation of this Code may submit a complaint in writing or by e-mail to the Advertiser/Instructor concerned.
6.2 The Advertiser/Instructor is obliged to investigate the complaint and inform the complainant in writing within four weeks of receipt of the handling of the complaint.
6.3 A complainant who did not receive a response from the Advertiser/ Instructor within four weeks after receipt of his complaint may lodge a complaint with the Advertising Code Authority within four weeks after the expiry of the abovementioned term, unless the complainant can demonstrate that this cannot reasonably be required of him.
6.4 A complainant who is dissatisfied with the response to his complaint by the Advertiser/Instructor may submit a complaint with the Advertising Code Authority within four weeks after receiving the response, unless the complainant can demonstrate that this cannot reasonably be required of him.
6.5 In the event that a complaint is upheld, the sanctions as referred to in Articles 17 and 18 of the Regulations regarding the Advertising Code Committee and the Board of Appeal will apply.
Article 7. Legal Right of Objection
This Code does not prejudice the possibility for an Advertiser/Instructor to offer a Person the opportunity not to receive Direct Mail. Article 14 of the Letterbox Advertising, Door-to-door Sampling and Direct Response Advertising Code (CBR) shall apply in that case.
Article 8. Entry into force and Evaluation and/or amendment of the Code
The Code entered into force on 1 January 2011 and is amended on 1 January 2015 and 1 April 2021 respectively.
This Code will be evaluated every two years. Representatives of both the business community and consumers will be involved in this evaluation. This Code may be amended if the evaluation gives cause to do so. This Code can also be amended earlier if there is a good reason to do so.
For consumers: https://postfilter.nl/
For companies: Flowchart for sending Direct Mail (addressed advertising mail)
You want to send Direct Mail (addressed advertising mail) and want to comply with laws and regulations. Use the following checklist and you can quickly see what you need to do. Please note: this also applies for ‘to the residents’ with address.