What the rules actually say in 2026

The Dutch regulatory framework for influencer marketing has been in place since July 2022, but the way it's being enforced is getting sharper every year. Three separate bodies oversee compliance, and each one has different powers, different thresholds, and different consequences for brands that slip up.

Here's how the oversight landscape breaks down:

• Autoriteit Consument & Markt (ACM): Covers all influencers, regardless of size. Has the power to issue fines for fake followers, aggressive advertising practices, and consumer protection violations. If you're hiring creators and you're not checking whether their audience is real, this is the body that can come after you, not just them.
• Commissariaat voor de Media (CvdM): Applies specifically to "large influencers" with 500,000+ followers, a Chamber of Commerce registration, and at least 24 videos published in a 12-month period. These creators fall under media law, which means stricter obligations and higher stakes for brands working with macro-influencers.
• Reclame Code Commissie (RCC): Covers every influencer and every brand. No financial fines, but public rulings that can seriously damage your brand's reputation. The RCC publishes its decisions, and a negative outcome is very visible.

Understanding which body applies to your campaign isn't optional. It's the starting point for any compliant influencer strategy. At Zeth, when we onboard a new brand partner, one of the first things we do is map their creator roster against these three thresholds. It saves a lot of headaches later. You can find a clear overview of these obligations at business.gov.nl and through the DDMA's influencer marketing legal framework.

What the June 2025 RCC ruling means for your brand

The most important recent development in Dutch influencer marketing compliance is a June 2025 RCC ruling that every brand running e-commerce or retail campaigns needs to understand. A sports influencer and two advertisers were found in violation because a TikTok video didn't make the commercial relationship clear enough. The influencer had used a discount code with their name in it, framing it as an exclusive deal. The RCC ruled that this was not sufficient disclosure under Article 3 of the Reclamecode Social Media & Influencer Marketing (RSM).

This matters for three reasons:

1. Discount codes alone don't count as disclosure. If your entire influencer strategy relies on "use code [name] for 15% off," you're not compliant. The commercial relationship needs to be stated explicitly.
2. Both the brand and the creator are liable. The RCC held both advertisers responsible, not just the influencer. Your brand can be publicly condemned even if the creator was the one who wrote the caption.
3. The ruling sets a precedent. Future cases will be judged against this standard. The bar for what counts as "clear" disclosure has moved up.

For e-commerce brands running affiliate or discount code campaigns, this is a direct operational concern. The fix isn't complicated, but it does require updating your briefing process and your content approval workflow. This is exactly the kind of compliance detail we build into every campaign brief at Zeth, because the last thing a brand needs is a public RCC ruling attached to its name.

Want to see how we structure compliant campaigns? Browse our case studies to see how we approach brand partnerships in practice.

How should brands disclose influencer partnerships correctly?

Correct disclosure means the commercial relationship is immediately obvious to the average viewer, without them having to look for it. That's the standard the RCC applies, and it's stricter than most brands assume.

According to the Nederlandse Reclame Code guidelines for social media, here's what actually works:

• Place #reclame or #samenwerking at the very start of the caption, not buried in a list of hashtags at the end. If a viewer has to scroll or search to find the disclosure, it doesn't count.
• In video content, the disclosure must appear at the start of the video, during any product recommendation, or run continuously on screen. A single mention at the end of a three-minute video isn't enough.
• The disclosure must appear in both the video itself and the description. One without the other is non-compliant.
• Platform-native tools like Instagram's "Paid partnership" label are acceptable, but they don't replace the need for a hashtag or verbal disclosure in the content itself.

The AWIN compliance guide for the Dutch Advertising Code is a useful reference for affiliate-based campaigns specifically, since it covers how these rules apply to performance marketing setups.

One thing we see consistently at Zeth: brands often have good intentions but leave disclosure entirely up to the creator. That's a risk. Your brief needs to specify exactly where and how the disclosure appears, and your approval process needs to confirm it before anything goes live. It's a small operational change that removes a significant legal exposure.

Does your influencer count as a "large influencer" under Dutch media law?

A creator qualifies as a large influencer under CvdM oversight if they meet all three of the following criteria:

• More than 500,000 followers on a given platform
• Registered with the Dutch Chamber of Commerce (KvK)
• Published at least 24 videos in the past 12 months

If a creator you're working with hits all three, they fall under the Mediawet and are required to register with NICAM (Nederlands Instituut voor de Classificatie van Audiovisuele Media). This isn't optional, and as the commissioning brand, you have a responsibility to check.

Why does this matter practically? Because if a large influencer under CvdM oversight publishes content for your brand without proper registration and disclosure, the liability doesn't sit entirely with the creator. Brands have been held co-responsible in RCC rulings, and that principle extends to CvdM compliance too.

For sports marketing and tech brand campaigns, where macro-influencers are common, this threshold is particularly relevant. Our Samen Sport Beleven met Odido campaign is a good example of how we navigate these requirements when working with high-reach creators in the sports sector.

Are fake followers still a compliance risk in 2026?

Yes, and it's one that often gets overlooked. The ACM has explicit authority to act against influencers who use fake followers or artificially inflated engagement to mislead brands and consumers. But the risk for brands isn't just financial: if you're paying for reach that doesn't exist, your campaign ROI is fiction.

Here's how to protect yourself:

• Check engagement rates before signing any contract. A genuine audience typically produces an engagement rate between 1% and 5%. Anything significantly below that, especially on large accounts, warrants scrutiny.
• Request audience analytics directly. Instagram Business insights, YouTube Analytics, and TikTok's creator dashboard all provide demographic and engagement breakdowns. A creator who won't share these is a red flag.
• Look at comment quality, not just volume. Generic comments ("great post!", emoji-only responses) at high volume often indicate purchased engagement.
• Use the creator's historical performance as a benchmark. Sudden spikes in follower count without corresponding content virality are a warning sign.

The influencerregels.com resource, which is officially supported and regularly updated, is worth bookmarking for ongoing compliance checks. It tracks regulatory developments and new rulings as they happen.

At Zeth, we vet every creator in our network against these criteria before they're available for brand partnerships. When you browse our creator directory, you're looking at talent we've already validated for both audience authenticity and compliance readiness.

What's coming next: EU-level regulation on the horizon

Dutch brands shouldn't assume the current framework is the final word. European consumer organisations, including the Dutch Consumentenbond, have formally called for stronger EU-wide rules and oversight of influencer marketing, arguing that the current patchwork of national regulations creates inconsistency and enforcement gaps.

The direction is clear: more transparency requirements, broader platform accountability, and potentially harmonised disclosure standards across EU member states. For brands operating across borders, this will mean that the Dutch standard, already one of the stricter ones in Europe, may become the baseline rather than the exception.

What this means for your 2026 strategy:

• Build compliance into your campaign process now, not as a reaction to new rules
• Document your briefing and approval process so you can demonstrate "due diligence" if a ruling goes against you
• Work with partners who understand the regulatory landscape, not just the creative side

If you're thinking about how influencer marketing ROI holds up across different platforms and formats in this regulatory environment, our article on influencer ROI for e-commerce across YouTube, TikTok Shop, and Instagram is worth reading alongside this one.

Frequently asked questions

What are the disclosure rules for influencer marketing in the Netherlands?

Under the Reclamecode Social Media & Influencer Marketing (RSM), any paid or gifted collaboration must be disclosed clearly and immediately. The disclosure must appear at the start of the caption, at the beginning of any video content, and in the video description. Acceptable labels include #reclame, #samenwerking, or "advertorial." Hiding the disclosure in a list of hashtags or only using a branded discount code does not meet the standard.

Who is responsible if an influencer doesn't disclose a paid partnership correctly?

Both the brand and the influencer can be held responsible. The June 2025 RCC ruling confirmed that advertisers have a "duty of care" obligation, meaning brands must instruct creators on disclosure requirements, review content before publication, and verify that labels are correctly placed. A creator's mistake can result in a public ruling against your brand.

What is the difference between ACM, CvdM, and RCC oversight?

The ACM oversees all influencers and can issue financial fines for fake followers and misleading advertising. The CvdM applies to large influencers with 500,000+ followers who meet specific activity and registration thresholds, and enforces media law compliance. The RCC handles complaints from the public and industry, issues public rulings, and cannot impose fines but can cause significant reputational damage.

Do gifted products need to be disclosed the same way as paid campaigns?

Yes. Under Dutch advertising rules, any material benefit, including free products, event invitations, or travel, counts as a commercial relationship that must be disclosed. The same disclosure standards apply whether the creator received cash payment or a gifted item.

What happens if my brand is found in violation by the RCC?

The RCC publishes its rulings publicly. There are no financial penalties from the RCC itself, but the reputational impact is real: the ruling names both the brand and the creator, and it remains publicly accessible. Repeat violations or serious cases can also be referred to the ACM, which does have the power to impose fines.

Does influencer marketing regulation in the Netherlands apply to international brands?

Yes. If a campaign targets Dutch consumers, regardless of where the brand is headquartered, Dutch advertising rules apply. International brands working with Dutch creators or running campaigns in the Netherlands are subject to the same RSM standards and ACM oversight.

Getting compliance right is a competitive advantage

The brands that treat influencer marketing compliance as a checkbox are the ones that end up in RCC rulings. The brands that build it into their process from the start, from creator selection through to content approval, are the ones that run campaigns confidently and at scale.

Compliance isn't just about avoiding problems. It's about building the kind of brand-creator relationships that last, and that deliver the engagement rates and earned media value that actually move the needle. For a deeper look at how talent management and long-term creator partnerships work in practice, our article on sustainable brand relationships through talent management covers exactly that.

If you're a brand looking to run compliant, high-performing influencer campaigns in the Netherlands, get in touch with the Zeth team. We handle the strategy, the creator relationships, and the compliance, so you can focus on the results.