The Advertising Code Foundation introduces in cooperation with the industry association DDMA and the bvA (Association of Advertisers) the "Certified by Influencer rules.com" certificate.
E-learning and certificate
The certificate allows influencers and content creators to demonstrate their commitment to advertising in a proper and responsible manner. To obtain the certificate, an e-learning must be completed. Successful completion of the e-learning is then rewarded with an entry in a public registry. All of this takes place on Influencerrules.com. To maintain the certificate, the influencer must complete the e-learning annually.
Companies such as Coca-Cola Netherlands, L'Oréal Group, TUI, Unilever, Heineken Netherlands, McDonald's, Kruidvat, Nestlé and VTech have already expressed their support for the initiative. Unilever even notes that the certificate is becoming a condition for collaboration with influencers.
Other tools
The e-learning and certificate complement several other tools and resources.
For example, the Advertising Code Foundation - again in cooperation with the industry association DDMA and the bvA - already offers a guidance document and advice tool. With the advice tool, five steps can be taken to determine how advertising via social media can be made clearly recognizable.
Just at the end of last year, the European Commission launched the Influencer Legal Hub. By means of video trainings, flyers and checklists, it explains the European rules for fair trade practices, which also apply to (Dutch) influencers, content creators, marketers, agencies, brand owners and other advertisers who target consumers online.
Also from within the industry itself, a European DiscloseMe tool was already launched and the website www.influencerregels.com, which thus now also houses the "Certified by Influencerrules.com" certificate.
Furthermore, the Consumer and Market Authority has prepared the Guideline for Online Consumer Protection. This provides instructions to prevent online seduction from leading to deception. The guideline includes a section with specific rules for the use of influencers for advertising. Incidentally, these rules apply not only to influencers, but also to the company engaging influencers.
Advertising rules
The tools and resources are a response to the set of rules that now exists for the use of online social media for advertising and influencer marketing. They are intended to provide influencers, content creators and companies that work with them with some overview and guidance for advertising compliance.
First of all, the Civil Code contains several general rules regarding misleading advertising, comparative advertising and unfair trade practices. Based on these, for example, an influencer must make it clear that it is being paid to promote a product or service. In that communication, the influencer must take into account the age and language of the target audience.
Influencers who post videos on YouTube, Instagram and TikTok must also comply with the Media Act and register with the Media Authority if they have more than 500,000 followers. The Media Act was amended in November 2020 as a result of changes at the European level. As a result, the rules from the Media Act no longer apply only to traditional media services, but also to video platforms and influencers.
In addition, the regulators (the Advertising Code Foundation and the Media Authority) and the industry itself have prepared manuals and policy rules. For example, besides the more general rules from the Dutch Advertising Code, the special rules for advertising from the Advertising Code for Social Media & Influencer Marketing also apply. This stipulates, among other things, that the influencer must state the relationship with the advertiser explicitly and in an easily findable way. This can be done, for example, with the text "this video contains advertising for [advertiser]" or in the case of photos or posts with hashtags such as #ad, #advertising #spon or the text "collaboration with @[advertiser]." Under the manipulation ban, the use of fake likes and fake followers is further not allowed. Advertising aimed at children is additionally subject to the Children and Youth Advertising Code.
Advertising rules can further be found in the terms of use of social media platforms.
In conclusion
The above is just a sample of the many rules that apply to advertising, influencers and (social media) platforms. Not only regulators, but also courts can take enforcement action. Sanctions can be not only financially damaging, but also image damaging. It is therefore important to be and remain alert to the obligations and responsibilities when advertising online. This applies not only to influencers and content creators, but also to the companies that collaborate with them and online platforms.
Want to know more?
Contact Eva van Groezen.
