Influencers: don't grow up, it's a trap!

On 6 November 2019, the FTC published a useful brochure: "Disclosures 101 for Social Media Influencers". The brochure clearly explains when and how influencers should make it clear that their social posts are advertising. The FTC emphasizes that it is (also) the responsibility of the influencer to ensure that advertising is recognizable as such.

This new guidance from the FTC is also relevant for Dutch influencers - so people: please read the document. The US rules on disclosures apply when a post is aimed (in part) at American citizens. In addition, the publication of the FTC also provides a good guideline for compliance with the Dutch rules. Conflict with the Dutch rules is almost impossible if the American rules are complied with; the American rules are stricter than the Dutch ones. In the Netherlands it is still possible to "hide" #ad in a sea of other hashtags. You can't get away with that in the US.

Also useful to read: since August 2019, the Advertising Code Foundation (SRC) has been publishing extensive information on its website about the rules for influencer marketing, including an advice tool, a do's & dont's cheatsheet and FAQs.

From 20 September 2020 at the latest, the Media Act will also apply to influencers with an online video channel. This means that influencers will have to comply with the Media Act on advertising, sponsorship and product placement. The Dutch Media Authority may impose a fine in the event of a violation. Sorry, influencers - so much more reading material.

With great power comes great responsibility. It looks like influencer marketing is starting to mature.

Daniel Haije