The law uses the term commercial communication. Commercial communication includes all forms of offering and promoting goods, services, individuals, and
companies, including advertising and direct marketing, by electronic means, with the aim of entering into an agreement. This includes advertising and direct marketing. A company must comply with clear legal rules when using commercial communication.
Commercial (digital) communication
Forms of commercial communication
Commercial communication exists when a company sends information with the aim of entering into an agreement (for example, a sale) and the communication is directed at Aruba. Commercial communication may include text, images, sound, software, or data files.
A company may use different channels, such as:
- Websites and webshops that sell products or services;
- Social media advertisements and sponsored posts;
- Emails and newsletters with commercial offers;
- Digital platforms where services such as advice, rental, or sales are offered.
Rules for commercial communication
If a company sends commercial messages electronically, it must follow these rules:
- It must always be clear that the message is an advertisement or a commercial message.
- It must be clear who is responsible for the advertisement. The company name and contact details must be clearly stated.
- Contests and promotions must be fair and transparent. A company must clearly state that it is a contest or promotion (for example, “win a free holiday”).
- The rules of a contest or promotion must be clear, simple, and fair.
Rules for online advertising
If a company advertises online, it must provide the following information:
1.Mandatory company information
A company must always clearly state at least:
- The company name and business address;
- Contact details, such as an email address and telephone number;
- Registration details, including the registration number and date at the Chamber of Commerce and Industry Aruba;
- The steps the consumer must follow to conclude an agreement;
- What the company offers
(description of the product or service, price, and any additional costs or conditions); - Available payment methods and information about delivery or service performance;
- The terms and conditions, including:
- offer details and duration (temporary promotion or not),
- delivery time,
- applicable region,
- additional costs (for example transport or insurance);
- Other rights and obligations, such as termination options;
- Which law applies and how disputes are resolved.
Example:
A webshop must not only show the product and price. It must also explain how to order, which payment methods are accepted, what the return period is, and how consumers can submit complaints.
2. Additional information for foreign customers
If necessary, the company must also state who its representative is in the country where the consumer lives, including full contact information of that representative.
3. Regulated professions
If a company / individual belongs to a profession that is regulated by law or by a professional body, it must clearly state:
- The profession;
- The address where the company is registered;
- The date of authorization to practice the profession;
- A brief description of the applicable professional rules and the complaint procedure.
4. Offers, discounts, and promotions
If a company presents offers such as discounts, gifts, or extras:
- the offer must be clearly recognizable;
- the conditions must be easy to understand and follow;
- the conditions must be described clearly and unambiguously;
- the offer must not be misleading;
- promotions may not include hidden costs.
Unsolicited advertising via electronic means (spam)
Unsolicited advertising is advertising sent through electronic means without a consumer’s request. This is also known as spam.
In this case, a company must comply with the following rules:
- The message must be clearly recognizable as advertising;
- The company must provide a simple opt‑out option to object and unsubscribe;
- After a consumer unsubscribes, the company may no longer send unsolicited advertising or other messages;
- It must be clear which email address is used if multiple addresses exist.
Unsolicited communication in distance sales
If advertising is aimed at a distance sale, special rules apply. The law protects consumers against unwanted or unclear approaches.
1. Telephone Calls
If a company calls a consumer without prior request, the company must:
- Clearly state its name or company name at the start of the call;
- Cearly explain the commercial purpose of the call.
2. Automatic systems, faxes, and electronic messages (opt-in required)
A company may only send automatic messages (such as email, SMS, app messages, or faxes) if the consumer has given prior permission (opt‑in). This rule also applies when a consumer has provided an email address, unless the email address was given during a previous purchase.
Exception:
A company may send offers for similar products or services if:
- The consumer previously purchased something from the company;
- The company informed the consumer that the email address may be used for marketing;
- The consumer was given a clear opportunity to refuse (opt‑out);
- Every message includes an easy way to unsubscribe.
If a consumer unsubscribes, the company must immediately stop sending messages and must no longer use the email address for marketing.
3. Mandatory information in electronic messages
Every electronic advertising message must clearly state:
- The name of the company sending the message;
- A valid postal address or email address for unsubscribing.
4. Annual information duty
A company must inform consumers at least once per year about their right to unsubscribe.
- Unsubscribing must be free of charge.
- A company may not charge any costs for opting out.
