Netherlands issues new rules and registration requirements for influencers

The Dutch Media Authority has published new policy rules on advertising, sponsorship and product placement, which will also affect influencer marketing, beginning 1 July 2022. The new rules apply to major influencers (i.e. "video uploaders") who are active on YouTube, Instagram and/or TikTok. The following is a brief overview of the key changes. (See also: "Dutch Media Authority issues new policy rules for commercial media services")

Amendment of the Dutch Media Act

Following a revision of the Audiovisual Media Services Directive, the Dutch Media Act has been amended, and the rules that previously only applied to media institutions such as commercial television or video on-demand services now also apply to video uploaders. By extending the rules, more clarity is provided to viewers of online videos, which protects minors from harmful content.

Qualification of video uploader

The Dutch Media Authority has published a flowchart to determine whether influencers are covered by the new rules. Below is an abstract of the flowchart. The full flowchart can be accessed via the website of the Dutch Media Authority: Nieuwe regels voor video-uploaders | Commissariaat voor de media (cvdm.nl) (Dutch only).

Implications of the new rules

Influencers who meet these requirements will be covered by the Dutch Media Act and are under the supervision of the Dutch Media Authority. In addition, there is an obligation to register at:

• the Dutch Media Authority (Commissariaat voor de Media): within two weeks after the entry into force of the policy rules. This means that you have to be registered by 15 July 2022 at the latest;
• the Dutch Advertising Code Committee (Stichting Reclame Code): if you advertise, affiliation with the Advertising Code Committee is required by law;
• NICAM (Kijkwijzer system).

Other obligations for influencers include:

• using Kijkwijzer icons to indicate the presence of potentially harmful content and to protect children from this content;
• informing the audience who you are (as registered with the Chamber of Commerce), where you reside (what city) and providing contact information such as an email address;
• informing the audience that you are under the supervision of the Dutch Media Authority;
• keeping your videos for at least two weeks from the time your videos can no longer be viewed online.

For an explanation on the rules regarding advertising, sponsorship and product placement, see the “New policy rules for commercial media services” article.

Social Media and Influencer Marketing Advertising Code

The Social Media and Influencer Marketing Advertising Code of the Dutch Advertising Code committee has also been updated as of 1 July 2022 in response to the published policy rules. Currently, influencers must be transparent about advertising according to the Social Media and Influencer Marketing Advertising Code and consumer laws. The extended obligations for video uploaders, however, are now included in this code.

Conclusion

We have given you a brief overview of the impact of the new policy rules on influencer marketing. The Dutch Media Authority has indicated that the monitoring of compliance will be introduced on a step-by-step basis. This means that the authority will monitor compliance with three important rules: that there be clarity about advertising, that minors be taken into account and that influences make it clear to the audience who they are. Initially, the Dutch Media Authority will not actively monitor compliance with other rules.

For more information on the new requirements for influencers in the Netherlands, contact your CMS client partner or local CMS experts: