‘Identifiability’ and transparency of e-communication
Article 13 of the AISS lists two principles that apply to any advertising online: the principle of ‘identifiability’ and that of transparency.
According to this article:
- As from the moment it is made available, the advert must be clearly identifiable as such, on the basis of the global impression, including its presentation. Should this not be the case, it must feature the word ‘advert’ (‘ad’, ‘advertisement’, etc.) in a clearly legible, visible and unambiguous manner; [principle of ‘identifiability’]
- The natural person or legal entity on whose behalf the advert is displayed must be clearly identifiable. [principe of transparency]
In other words, the AISS requires companies to ensure as from the start that each commercial message in the framework of e-communication is identifiable as advertising and that the link with the company is clearly made.