The Stichting Reclame Code for Social Media & Influencer Marketing (“RSC”) was amended on 1 July 2026. The amendments are meant to improve the Code’s alignment with current influencer marketing practices, UGC content and AI-generated content. The previous version of the Code dated from 2022.
Clarification of key concepts
The revision includes the clarification of several key concepts. For example, the new code states explicitly that the rules apply not only to ‘classic’ influencers anymore. From July 2026 onwards, the concept of “distributor” may also include UGC creators, celebrities and virtual influencers. In addition, the concept of the “relevant relationship” has been elaborated. Not just payments, but also free products, invitations, affiliate commissions, or other benefits may give rise to a transparency obligation.
Recognisability
The rules on the recognisability of advertising have also been revised. The explanation now uses the categories of Advertisement, Gift, Invitation, and Special Cases. The Code also contains more concrete examples of disclosures that are sufficiently clear in any case. Affiliate marketing, promotion of an own brand, content of UGC creators on their own channel, and certain teasers may also require a disclosure. Furthermore, the prohibition of manipulation has been widened and the rule has been added that the use of AI and virtual influencers must not be misleading. In light of all current developments, this comes as no surprise.
Tightened duty of care
To advertisers, the tightened duty of care is especially relevant. According to the explanation, it is not enough to make influencers comply with the rules by contract. An active role is expected of advertisers in informing, monitoring and – where necessary – correcting creators. Moreover, infringements must be addressed decisively.
This tightening dovetails with a recent ruling of the Appeals Board of the Dutch Advertising Code Foundation, which I wrote about earlier. Since this ruling already underlined that the duty of care of advertisers goes beyond including standard clauses in an agreement, the present amendment was to be expected.
The amended RSC is in line with the broader development of further tightening both the regulation and the supervision of influencer marketing. The new Code offers brands, agencies and creators greater clarity, but also greater responsibility to make their commercial communications more transparent and compliant.
