Besides the Dutch Advertising Code for Social Media, consumer law also applies to influencer marketing. The ACM monitors compliance with that law. This article explains what the ACM expects from you as a creator. It's general information, not legal advice.
Who is the ACM?
The ACM is the Dutch regulator that protects consumers, among other things against misleading advertising. It works together with other organisations, such as the Dutch Media Authority (Commissariaat voor de Media) and the Advertising Code Foundation (Stichting Reclame Code), to monitor influencer marketing.
When do the rules apply to you?
If you make content in exchange for money, products or other benefits, the ACM can see you as a trader. Consumer law then applies to you, just as it does to companies. It doesn't matter whether you do it full-time or occasionally.
The main rules
- Make advertising recognisable. Hidden advertising is prohibited. Always make clear that something is advertising when you have a relationship with a brand. Read When do you need to label a collaboration as advertising? for how to do this.
- Only make honest claims. Don't say anything about a product that isn't true or that you can't back up. For example, don't promise results a product can't guarantee, and don't exaggerate its effects.
- Be correct about prices and discounts. If you mention a price or discount, it must be correct. A discount code must give a real discount, and you mustn't create the impression that something is cheaper than it really is.
- No fake reviews or fake engagement. Don't post reviews of products you haven't used, and don't buy likes, followers or comments to make a product seem more popular.
- No false urgency. Don't create false pressure, such as "only a few left" or "only available today", if it isn't true.
- Be extra careful with children. Children are more susceptible to advertising. Never directly encourage children to buy a product or to ask their parents to buy it for them.
- Clear conditions for giveaways. If you organise a giveaway or competition, make the conditions clear in advance: how to take part, how the winner is chosen and what can be won.
Selling your own products?
If you sell products yourself, such as merchandise or your own product line, additional consumer rules apply. Think of providing clear information about yourself as a seller, the price and the right of withdrawal.
Financial products
Do you promote financial products, such as investments, crypto or loans? Then the rules of the AFM (Dutch Authority for the Financial Markets) also apply. In many cases, you're not allowed to promote financial products without a licence. Be very careful with this.
What can the ACM do?
The ACM can take action against influencers who break the rules, for example by issuing a warning or imposing a fine. Breaking the rules can also seriously damage your reputation with followers and brands.
Tip: when in doubt, don't
Are you unsure whether a claim is allowed or whether a promotion complies with the rules? Then don't do it, or ask the brand for clarification first. Stick to the claims in the brief and to your own experience.
Not based in the Netherlands?
The information in this article applies to the Netherlands. Other countries have their own regulators and rules. Check what applies in your country.
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