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The principle of good marketing practice

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Good marketing practice in section 1 remains a central standard to be met by all businesses in consideration for consumers and general public interest.

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The requirements set out in the general clause entail a positive commitment on the part of the business in that business and trade in the future must exercise good marketing practice with reference to consumers, other businesses and public interests. Previously section 1 simply read that business and trade should not act in breach of good marketing practices.

This change of wording does not alter substantially the legal position of business and trade; rather the purpose of the new formulation is to emphasize the importance of actively taking a stand on good marketing practices in general and make sure that the rules are being observed.

An active stand on this issue goes beyond advertising activities and envisaged marketing concepts. It also has an effect on how terms of contracts are defined, how contracts/agreements are crafted, customer services and complaint handling procedures.

The Marketing Practices Act emphasizes DCO’s duty to supervise and, if necessary, enforce infringements as well as his duty to inform and induce business and trade to act according to the principles of good marketing practices and comply with the Act in general.

Actions brought before the court and interim injunctions issued against non-compliant businesses are remedies that the DCO does not hesitate to use in order to make sure that all businesses comply with the Act.