Distribution within Belgian territory means the distribution is addressed specifically to consumers in Belgium. This is a factual question and is assessed on the basis of evidence such as:
- reference to contact persons in Belgium;
- the absence of a disclaimer indicating that the distribution is not addressed to the Belgian public;
- the language(s) used;
- the possibility for consumers in Belgium to register online;
- the use of a website with a domain name that ends in '.be';
- the presence of a place of business or service provision in Belgium, or the use of an intermediary or influencer active in Belgium;
- the use of an image of a person who is well known to the Belgian public, such as athletes, artists or other celebrities;
- disseminating reputation marketing advertisements in Belgium;
- the fact that a social network is paid to display the advertisement specifically to the public in Belgium.
Each case is assessed on the basis of a specific analysis that takes all the facts into account. The presence of one of the above-mentioned factors does not automatically mean that this is a case of distribution on Belgian territory.
Distribution in Belgium is always involved if an advertisement is disseminated via the Belgian media or via a physical advertising medium (such as a billboard) within Belgian territory.
Advertisements for which no connecting factor with Belgium can be demonstrated do not come under the Regulation, even though consumers in Belgium may become aware of them. Thus, advertisements that are disseminated worldwide, where no specific link to Belgium can be demonstrated, are not targeted.