New influencer marketing rules on the way. Seek advice

Influencer marketing is considered advertising in the Netherlands, and strict rules apply to it. The core principle is transparency: always make it clearly identifiable when a post, video, or story is paid or sponsored, for example with #ad or #advertisement. Since July 1, 2022, the updated Social Media & Influencer Marketing Advertising Code (RSM). The Authority for Consumers and Markets (ACM) supervises all advertisers and influencers; major video influencers also fall under the jurisdiction of the Dutch Media Authority (CvdM), which can impose fines. If you work with influencers or are one yourself, formalize the agreements in a proper contract.

What rules apply to influencer marketing in the Netherlands?

From a legal perspective, a collaboration with an influencer is simply advertising. As such, you are subject to the same rules as other advertisers: the advertisement must not be misleading, and its commercial nature must be recognizable to the public. For social media, this is elaborated in the Social Media & Influencer Marketing Advertising Code (RSM), part of the Dutch Advertising Code.

The RSM has been significantly tightened over the years. The version that came into effect on July 1, 2022 , imposes an obligation on both the advertiser and the influencer (the “distributor”) to be transparent regarding a paid or otherwise compensated collaboration. Compensation does not have to consist of money: free products, discounts, a trip, or affiliate income also count.

What does transparency mean in concrete terms?

The main rule is simple: the viewer or reader must be able to immediately see or hear that it is an advertisement. In practice, this means, among other things:

• Use a clear identifier such as #ad, #advertisement, #sponsored , or “paid collaboration”, and place it at the front and clearly legible, not hidden at the bottom among dozens of other hashtags.
• For video, the indication must also in the video itself (at the beginning, during the promotion, or continuously) and additionally in the video description.
• Be honest about the product: the prohibition on manipulation means that you may not mislead consumers about its properties or functioning.
• A built-in “paid partnership” tool on the platform alone is often insufficient; an explicit textual indication remains advisable.

These rules apply regardless of the number of followers. Whether you are a micro-influencer with a few thousand followers or have a large account: as soon as compensation is involved, the collaboration must be recognizable.

Who supervises and who can intervene?

Supervision and enforcement have improved significantly in recent years. Broadly speaking, three parties are involved:

Advertising Code Committee (RCC)

Anyone can file a complaint with the RCC regarding advertising that violates the Advertising Code. The committee can issue a ruling and a recommendation to stop the communication, but does not impose fines itself. However, the reputational impact of a successful complaint can be significant for a brand or influencer.

Authority for Consumers & Markets (ACM)

The ACM supervises unfair trade practices and can take action against misleading or unrecognizable advertising. Unlike in the past, the ACM takes active action in this regard, including against influencers and the brands that engage them. The ACM can take enforcement action and impose sanctions.

Media Authority (CvdM)

For major video influencers, the Dutch Media Authority (Commissariaat voor de Media) is added to this. The CvdM can enforce statutory media regulations and impose fines for violations. Policy in this area is evolving: with an amended policy rule that came into effect on June 16, 2025 , the group of influencers falling under the supervision of the CvdM has been broadened. A previous, much higher follower threshold was dropped, meaning that since then, video influencers with more than 100,000 followers can already fall under the registration and supervision obligation. So, do not automatically assume that you will remain off the radar.

When do you, as an influencer, fall under the jurisdiction of the Dutch Media Authority?

Not every influencer falls under the jurisdiction of the CvdM. According to the government's current interpretation, you must register with the Commissariat for the Media (and with the Advertising Code Foundation and NICAM) if you all of the conditions below:

• you post videos on platforms such as YouTube, Instagram, or TikTok;
• you have more than 100,000 followers or subscribers on YouTube, Instagram and/or TikTok ;
• you post at least 24 videos per year;
• you earn from making or posting those videos (money, discounts, free products, or affiliate income);
• You are registered as a business with the Chamber of Commerce.

If you meet all these criteria, additional obligations and advertising restrictions apply, and you must register. If you do not, you remain bound by the general rules of the RSM and the supervision of the ACM. Because the exact thresholds and annual contributions may change, it is advisable to have your situation assessed before assuming that you will remain exempt.

What are the risks if you do not follow the rules?

The time when influencer marketing was a grey area is over. Those who ignore the rules run concrete risks:

• Fines from the Dutch Media Authority for major video influencers who do not comply with the rules.
• Enforcement by the ACM against misleading or unrecognizable advertising aimed at both the influencer and the client.
• Reputational damage following a upheld complaint by the Advertising Code Committee, which is public.
• Liability within the collaboration: if damage occurs because agreements have not been fulfilled, the contract between the brand and the influencer determines who bears the cost.

Important: responsibility does not lie solely with the influencer. The client (the brand or the advertiser) can also be held liable for a non-transparent campaign. If things go wrong and a dispute arises regarding the fulfillment of the agreements, timely legal assistance often crucial to limiting the damage.

What should you do now as a brand or influencer?

Whether you are promoting products or engaging influencers, you can avoid most problems with a few steps:

1. Make every paid collaboration identifiable with a clear indication, both in the video itself and in the description.
2. Record the agreements in writing. Who supplies what, what compensation is involved, who is responsible for correct listings, and what happens in the event of a complaint or fine?
3. Arrange the rights. Agree on who owns the content and for how long the brand may use it (intellectual property and portrait rights).
4. Check your position in relation to the CvdM if you manage a large video account.
5. Keep an eye on the rules. The RSM and supervision are evolving; what sufficed last year may now be stricter.

A good cooperation agreement is the most important instrument in this regard: it sets out the obligations, the remuneration, the rights to the content, and the liability for infringements. If you would like to know more broadly what is and is not permitted in advertising, please also take a look at our expertise in the field of marketing and advertising law.

Frequently asked questions about influencer marketing and the rules

Do I need to use #ad on every paid post?

Yes. As soon as there is compensation for the post (money, free products, a discount, or affiliate income), you must clearly indicate its commercial nature, for example with #ad, #advertisement , or “paid partnership”. Place the indicator clearly visible and not hidden among other hashtags.

Do the rules also apply to small influencers?

Yes. The transparency obligation under the RSM applies to every influencer who receives compensation, regardless of the number of followers. Only the additional obligations and registration with the Dutch Media Authority apply specifically to major video influencers.

Who is responsible: the influencer or the brand?

In principle, both. The influencer is responsible for a recognizable message, but the client can also be held liable for a non-transparent campaign. Therefore, it is wise to define the responsibilities in a contract.

What is the difference between the ACM and the Dutch Media Authority?

The ACM supervises unfair and misleading trade practices and applies to all advertisers and influencers. The Dutch Media Authority (Commissariaat voor de Media) has specific authority over major video influencers who meet certain criteria and can impose fines on that group.

Has the oversight of influencers changed recently?

Yes. Policy regarding influencer marketing is evolving rapidly. The threshold for registration and supervision obligations at the Dutch Media Authority was lowered on June 16, 2025, meaning more video influencers have come under that supervision. Because the exact criteria and contributions can change, it pays to have your own situation reviewed periodically.

What should be included in an influencer contract?

Including: the content to be delivered and the schedule, the remuneration, mandatory transparency disclosures, agreements regarding rights to the content (intellectual property and portrait rights), exclusivity, and the allocation of liability in the event of complaints or fines. A tailor-made collaboration agreement prevents disputes afterwards.

Need advice on influencer marketing?

Whether you are a brand engaging influencers or a content creator yourself, ensure your agreements and advertising communications are legally sound. MKB Juristen assists you with a suitable collaboration agreement and advice on marketing and advertising law, tailored to the practices of SMEs.

Schedule a no-obligation intake and discuss your situation with one of our legal experts.