Marketing degli influencer nei Paesi Bassi: regole per marchi e creator

Influencer marketing in the Netherlands is lawful, but every commercial post must be recognisable as advertising, and both the brand and the creator are responsible for that. Professional video creators can also fall under the Dutch Media Act 2008 (Mediawet 2008) and the supervision of the Dutch Media Authority (Commissariaat voor de Media); since 16 June 2025 that no longer depends on a 500,000-follower threshold.

Three layers apply at once: the Mediawet for qualifying video-uploaders, the rules on unfair commercial practices in the Dutch Civil Code (BW) for anyone advertising to consumers, and the Dutch Advertising Code (Nederlandse Reclame Code) with its specific code for social media and influencer marketing. This article explains each layer, the rules on content rights and data, and what belongs in an influencer agreement.

When does a creator fall under the Dutch Media Act?

A creator falls under the Mediawet if the channel qualifies as a commercial on-demand media service within the meaning of Article 3.29a of the Mediawet 2008. The Media Authority applies its Policy rule on the qualification of commercial on-demand media services 2025, in force since 16 June 2025.

Under that policy rule, five cumulative criteria apply. The channel must offer a catalogue of videos, its main purpose must be to inform, entertain or educate the general public, it must have a mass-media character, it must be an economic service (performed for payment or other material benefit), and the creator must have editorial responsibility for the content. A private account without commercial activity therefore falls outside the rules.

The previous policy rule of 2022 used a threshold of 500,000 followers and at least 24 videos in the past 12 months. That threshold has been dropped. Under the 2025 rule, creators with a qualifying channel of more than 100,000 followers or subscribers must notify the Media Authority (Article 3.29b Mediawet) and pay an annual supervision fee (Article 3.30 Mediawet). Creators below 100,000 do not have to notify or pay, but the Media Authority still supervises them and can take enforcement action.

A creator under supervision must follow the Mediawet rules on commercial communication: advertising must be recognisable and separate from other content, surreptitious advertising is prohibited, and sponsorship and product placement must be disclosed. Product placement may not give a product undue prominence or directly encourage purchases. Our article on Diritto dei media nei Paesi Bassi spiega il quadro generale.

How must a paid partnership be disclosed?

The audience must recognise advertising immediately, without effort. The Advertising Code for Social Media and Influencer Marketing, part of the Dutch Advertising Code, requires the relationship between creator and advertiser to be made clear in or with the content itself.

In practice, three rules follow from that standard:

• Visible before the content is consumed: at the start of the caption (not behind “more”), in the first seconds of a video, and not hidden in a block of hashtags.
• In language the audience understands: for a Dutch audience, terms such as advertentie, reclame or betaalde samenwerking.
• On every post: a long-term ambassadorship does not excuse a missing disclosure on a single post.

The duty is triggered by any benefit, not only money: free products supplied with the expectation of a post, discounts, affiliate commission, trips and tickets all count. Affiliate links need explicit disclosure because the commercial interest is invisible. Platform labels such as Instagram’s “paid partnership” help, but combine them with a clear statement in the caption or video and record in the campaign file what was used.

The brand cannot shift this duty onto the creator by contract. Complaints are handled by the Advertising Code Committee (Reclame Code Commissie) of the Stichting Reclame Code, which publishes its rulings and recommends that the advertiser stops the practice.

Which consumer law rules apply to every influencer post?

Under Article 6:193b BW, a trader acts unlawfully towards consumers if it uses an unfair commercial practice. A creator who posts for payment or other benefit is a trader, and so is the brand.

Failing to disclose the commercial nature of a post is a misleading omission under Article 6:193d BW: essential information the average consumer needs for an informed decision is withheld. Fake or bought reviews and undisclosed paid rankings are also misleading. Under Article 6:193j BW, the trader bears the burden of proving that its factual claims are accurate and complete. This applies with full force to health, effectiveness and sustainability claims.

The Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM) enforces these rules against both creators and advertisers, with binding instructions, orders subject to a penalty and administrative fines. Its guidance is clear that a vague “thanks to” or an unexplained discount code does not make a post recognisable as advertising. See our article on pratiche commerciali sleali.

Which products have stricter rules?

Alcohol, tobacco, gambling, medicines and health claims, food aimed at children and cosmetic procedures each have their own code or statute, and several restrict promotion by influencers whose audience includes minors. Check the sector code before the campaign starts.

Financial content is the sharpest example. A creator who promotes investments, crypto-assets or credit operates in a field supervised by the Dutch Authority for the Financial Markets (AFM). Investment recommendations must disclose conflicts of interest, and giving investment advice without a licence is prohibited. The line between an opinion and a regulated recommendation is lower than many creators assume.

Who owns the content and which rights must be cleared?

Copyright arises when a work is created, without registration, and belongs to the maker. Dutch law has no general “fair use” exception; the quotation right in Article 15a of the Dutch Copyright Act (Auteurswet) only covers quotations in a review, criticism or similar purpose, in proportion and with attribution. Promotional content rarely meets those conditions, so assume a licence is needed.

Music is where most campaigns go wrong. The music libraries in social media apps are usually licensed for personal use, not for branded content. The same applies to stock photos with a personal licence and to clips from films or other creators. Crediting the maker does not replace permission. See our article on copyright sulle foto.

Under Article 21 of the Copyright Act (portrait right), a recognisable person can oppose publication if they have a reasonable interest, which for a well-known person includes a financial interest. Obtain written consent (a model release) from everyone recognisable in campaign material, and from parents for minors. Our article on the ritratto a destra explains when publication is allowed.

A brand that pays for a post acquires only the rights the contract gives it. Under Article 2 of the Copyright Act, a transfer of copyright requires a written deed; anything less is a licence. Without a clear clause, the brand may not reuse the content on its website, in print or in paid ads.

How does the GDPR apply to influencer campaigns?

Giveaways, audience analytics and retargeting all involve personal data, so the GDPR applies, supervised in the Netherlands by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). Each processing needs a legal basis, information to the people involved and a fixed retention period.

Settle the roles before the campaign: the party that decides on purpose and means is the controller, a party acting only on instructions is a processor, and a brand and creator deciding together are joint controllers who must record how they share the obligations. For competitions, state who receives the data and for how long; consent to marketing must be a separate, unticked choice, and entries must be deleted once the prize is awarded. Tracking cookies on the brand’s own website require consent under the Dutch Telecommunications Act (Telecommunicatiewet). The EU Digital Services Act also prohibits platforms from showing ads based on profiling to users they know to be minors.

What should you check as a brand?

• Prescribe the exact disclosure wording and placement in the agreement, and check the live post, not just the draft.
• Check whether the creator’s channel falls under the Mediawet and, above 100,000 followers, has notified the Media Authority.
• Substantiate every product claim the creator makes, since you bear the burden of proof under Article 6:193j BW.
• Check the sector code for your product (alcohol, gambling, financial products, children’s food).
• Arrange a transfer by deed or a clear licence if you want to reuse the content.
• Settle the GDPR roles and the competition terms before the campaign starts.

What should you check as a creator?

• Disclose every post with a benefit, including free products and affiliate links, at the start and in Dutch for a Dutch audience.
• Check whether your channel meets the five criteria of the 2025 policy rule and whether you must notify the Media Authority.
• Use only music and images licensed for commercial use, and obtain model releases from recognisable people.
• Read the rights clause: are you transferring your copyright or granting a limited licence, and for how long?
• Keep a dated copy of each commercial post and of the brand’s instructions.

What belongs in an influencer agreement?

Most disputes arise from the absence of a clear document. A workable agreement covers the deliverables and schedule, the fee and benefits in kind, the disclosure clause, the rights in the content, clearances for music and portraits, approval and correction rights, and exclusivity, termination and liability. See our guide to redazione di accordi olandesi.

Who enforces the rules and what are the consequences?

Four routes run in parallel, and one post can trigger several. The Media Authority acts against registered uploaders with warnings, orders subject to a penalty and fines. The Advertising Code Committee issues public rulings. The ACM can impose orders and fines on both creator and brand. And a competitor or rights holder can claim an injunction and damages before the civil court.

What can we do for you with influencer marketing?

avvocati aziendali advise brands, agencies and creators on campaigns in the Dutch market.

• We assess whether a channel falls under the Mediawet and whether notification to the Media Authority is required.
• We draft or review influencer agreements, including disclosure, rights and liability clauses.
• We check product claims and sector codes before a campaign goes live.
• We set up the privacy terms for competitions and audience data.
• We respond to a complaint before the Advertising Code Committee or an ACM investigation.

Sintesi

• Every commercial post must be recognisable as advertising; brand and creator are both responsible.
• Since 16 June 2025, the Mediawet can apply without the old 500,000-follower threshold; above 100,000 followers, notification and a supervision fee are required.
• Hiding the commercial nature of a post is a misleading omission under Article 6:193d BW, enforced by the ACM.
• Content rights pass to the brand only by written deed; music and portraits need separate clearance.

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