SECTION A OVERVIEW

Influencer threshold dropped (NL)

SRC June 4, 2025. CvdM here (NL)

EU/ international news

Green Claims Directive news Politico 

June 23, 2025. Big wobble as Italy pulls

Fears EU caves to US on tech rules 

Politico June 23, 2025

X Bans Hashtags in Promoted Posts

Social Media Today June 26, 2025

Hague ban upheld CMS Apr 29, 2025

DPA hunting for bad banners 

Ploum April 17, 2025

European issues

EU fines Apple €500M, Meta €200M 

Politico April 22, 2025

EU council approves 'stop-the-clock'

Macfarlane's April 24, 2025

EU consumer law plans Lewis Silkin 
Apr 9, 2025. Commissioner report here

GDPR for red tape bonfire within ‘weeks’

Politico April 3, 2025

Omnibus simplification package update

Hogan Lovells April 1, 2025

DSA Implementation Act enters into force
CMS February 10, 2025

SRC Newsletter (NL) February 4, 2025 Cases Nutritional supplements, unwanted mail, washing claims 

European/ international issues

Von der Leyen bonfire of EU’s environmental red tape

Politico Europe. January 29, 2025

Trump orders US to leave WHO. BBC Jan 21, 2025

Zuckerberg urges Trump to stop EU fining US tech

Politico January 11, 2025

EU to re-open, merge CSRD, CS3D & Taxonomy 

REP Nov 20, 2024. Travers Smith here Jan 30, 2025

EC Guidelines on Prohibited AI Practices

Part I. CMS February 7, 2025

Recent rulings of the Advertising Code Commission (NL)
Above from Bureau Brandeis Dec 12, 2024 Advertisers Shell, wood stoves, Bouwand construction, Wakker Dier, MSC Cruises, Calve peanut butter

Over 2k Influencers registered (NL) Dec 18, 2024

EASA Policy newsletter Dec 2024 Topics New staffing in EC structures, Polish presidency, In-game marketing, Green Claims, ADR

SRC Newsletter (NL) November 7, 2024

 Hague Court of Appeal: Shell win 2nd round v Milieudefensie
Burges Salmon November 14, 2024. Not directly ad-related, but important 

The Hague world’s first city to ban fossil fuel-related ads

The UK Guardian September 13, 2024

ACM's DSA guidelines. September 12, 2024 (EN). CMS here

Uber €290m fine for transferring European driver data to US HQ
RPC October 17, 2024

European/ international issues

Easa policy newsletter October 2024

ECJ '30 day' judgement Aldi pricing Sept 24, 2024

Google overturns 1.5 bil fine in EU ad case
AP News Sept 18, 2024. Haas here (FR) Oct 2

New ICC Code September 19, 2024

European/ international issues

Commission's call for evidence on DSA minors protection guidelines; closes 30th Sept 2024

EASA on the above and two calls for tender August 8, 2024

Netherlands Media Authority fines influencer for the first time (EN)
CMS Netherlands July 17, 2024

ACM intensifies supervision of greenwashing (EN)
Maverick. June 6, 2024. Good round-up

European/ international issues 

A new path for Privacy Sandbox on the web July 22, 2024
Google re new third party cookie plans for Chrome. BBC here

The Empco Directive. Taylor Wessing June 27, 2024

Member States implement by March 27, 2026 to take effect by 27 September 2026

Tui and Fossil Free. Maverick May 10, 2024

EU issues

Privacy Sandbox Update News and Updates

EDPB Opinion On Pay Or OK Consent Models By Large Online Platforms

Ambush marketing: what you need to know ahead of the European summer of sport
Taylor Wessing May 16, 2024
Council Influencer conclusions May 14, 2024

The Greenwashing Directive enters into force: transposition period begins
Liedekerke April 19, 2024

MPs vote on banning online slots and online advertising (EN)

IGB April 16. 2024. Not yet law 

KLM marketing claims are considered to be misleading
Loyens & Loeff March 20, 2024

Primark, Arla foods smackdown Taylor Wessing 

Above re green claims February 2, 2024

EU issues

EASA Policy newsletter March 2024

Topics Finance, influencer marketing, green claims 

Agreement reached on the EU Corporate Sustainability Due Diligence Directive

Clifford Chance March 28, 2024

EU issues

EC Influencer sweep results Feb 14, 2024

EDAA launches new solution to DSA ad transparency requirements Feb 17, 2024

ING environmental advertising ruling (NL); vid here (EN)

Diadermine anti-age cream ruling (NL); ad here 

EU issues

EASA Jan 2024 update on GDPR and Cookie Pledge

EASA Jan 2024 update on DSA and DMA 

EASA Jan 2024 update on Empowering Consumers for the Green Transition

EASA Jan 2024 update on AVMSD

SRC ruling re Milieudefense (NU; NL) Commercial here

EU: EDAA Unveils New Advanced Advertising Transparency Programme

KLM greenwashing court case can go ahead, judges rule. June 7, 2023
Update from Cadwalader/ Lex October 10, 2023

EU issues:

EASA update on CPC Influencer activity October 11, 2023

Green Glaims Directive update from EASA October 11, 2023

CJEU Landmark Data Protection Ruling for Online and Behavioural Advertising

William Fry/ Lex September 8, 2023

Proposal for a Directive of The European Parliament and of the Council on Consumer Credits

 In May 2023, IMCO published proposed CCD II on which provisional agreement has been reached. Plenary vote September 2023

New Online Gambling Code effective July 1, 2023 

Updated Field Marketing Code July 2023 NL / EN

SRC annual report (NL)

Proposal for a Directive on Green Claims. March 22, 2023

European Commission press release on the above here 

Sustainability Advertising Code (NL) from Feb 1, 2023. Replaces Environmental Code. Translation by Feb 8

Cosmetic Products Code (NL) updated on January 1, 2023. Translation by Feb 8

Some changes to the Dutch Advertising Code (NL) effective January 1, 2023

Upcoming EU Rules on Green Claims. Covington and Burling LLP/ Lex January 23, 2023

ACM Guidelines on the protection of the online consumer  (NL) November 22, 2022; CMS/ Lex commentary here (EN)

The European Parliament Adopts New Sustainability Reporting Rules. Jones Day November 22, 2022 

Corporate Sustainability Reporting Directive (above) affects companies with 'substantial business activity in the EU.'

Update of Social Media and Influencer Code effective July 1, 2022. Unofficial, non-binding translation here 

Update of the Dutch Media Act: strengthened monitoring of 'popular' influencers

Osborne Clarke/ Lexology May 25, 2022

23/4/22. Big Tech companies to face new EU content rules. This is the news that the 'Trilogue' (consisting of representation from the European Commission, the Council of the European Union and the European Parliament) have reached agreement on the Digital Services Act, 'a landmark piece of legislation that aims to address illegal and harmful content by getting platforms to rapidly take it down.' The Council's press release is here

Dutch watchdog rules KLM’s ‘Carbon Zero’ advert is misleading

Dutch DPA takes position on online tracking, advises companies to immediately stop using IAB framework.

Hogan Lovells/ Lexology Feb 8, 2022

New Online Gambling Advertising Code effective Jan 2022 NL / EN

December 2021 EASA update on the progress of the Digital Services Act is here

December 2021 EASA update on the progress of the European Commission Beating Cancer Plan (BECA). The EC plan potentially impacts marketing/ advertising in both the Alcohol category and the Food and Beverages category 

December 2021 EASA update on Empowering the Consumer for the Green Transition. The EC has delayed the tabling of this initiative until 30 March 2022. Their ‘sweep’ results checking sustainability claims are here

The online gambling market opened in the Netherlands October 1.  See Gambling sector on the Wikiregs home page for full information

The Digital Services Act package

EASA's September 2021 update on the DSA here 

And on the Better Internet for Children Strategy (BIK strategy) here

And on environmental claims and the new consumer agenda here

 EU pages on the Farm to Fork strategy here

The EU’s Green Consumption Pledge Initiative focuses on 'non-food or mixed businesses with direct interaction with consumers'

 And complements the EU Code of Conduct for Responsible Food Business and Marketing Practices, in force July 2021 

EU issues: an update on the progress of the Digital Services Act is here, on the Farm to Fork strategy (see below) here, and on 'Green transition' here

On April 1, 2021, the updated version of the Code for the use of Postfilter came into effect. This update provides senders of addressed advertising mail with clearer guidelines and makes it easier for consumers to specify which mail they do and don't want to receive. The National Postal Register is now referred to as the Postfilter. Senders of unsolicited addressed advertising mail must refer to it and, if desired, they can also unsubscribe from the addressed advertising mail without a name and e-mail address

https://www.reclamecode.nl/nrc/code-voor-het-gebruik-van-postfilter-2021/ (NL)
https://www.reclamecode.nl/nrc/advertising-code-for-the-use-of-the-postal-filter-2021/?lang=en (EN)

Latest – and significant – news on the EU Farm to Fork strategy here; EU pages on the strategy here

……………………………

In the context of Europe’s ‘Beating Cancer Action Plan’, there will be some impact on self-regulation regarding HFSS food advertising, alcohol advertising and Audiovisual Media Service Directive (AVMDS) provisions on commercial communications, similar to the above ‘Farm to Fork’ implications. This relates to the new clauses introduced by the 2018/1808 Directive

The EU’s Green Consumption Pledge Initiative focuses on “non-food or mixed businesses with direct interaction with consumers”  and complements the EU Code of conduct for responsible business and marketing practices that will focus on the food sector. This is planned for June 2021

And the ‘green sweep’  - an EU review of websites that make environmental claims - finds that ‘in 42% of cases the claims were exaggerated, false or deceptive and could potentially qualify as unfair commercial practices under EU rules. ‘Greenwashing' has increased as consumers increasingly seek to buy environmentally sound products.’

New links for all SRC codes in English; see general rules 

FOOD: the EU's Farm to Fork strategy (EN) underlines that the Commission "will develop an EU Code of conduct for responsible business and marketing practice accompanied with a monitoring framework. The Code will be developed with all relevant stakeholders" in Q2 2021

Message on the KOAG/KAG website  re indicative list update from 15 March 2021. Contact KOAG/KAG directly through keuringsraad@koagkag.nl.

The European Commission presented the Digital Services Act (DSA) that proposes a set of new EU wide rules for digital services, including on online advertising. According to the Commission, “the new framework will rebalance the rights and responsibilities of users, intermediary platforms, and public authorities and is based on European values - including the respect of human rights, freedom, democracy, equality and the rule of law”. The proposal is available here and press release here. The European Parliament and EU Member States will soon start discussing the proposal in the ordinary legislative procedure. In the first week of January, the EU Member States will meet in the margins of the Internal Market Working Party to discuss the proposal

Translation of the 2019 update of the bvA/NFLI Content Creator guide placed on Food and Soft Drinks/ NL website; issues with the Media Act which may mean role of Influencers and Social Media and Influencer Code may require re-visiting

New Advertising Code for Alcohol-Free and Low-Alcohol Beer

On 15 October, the Dutch Advertising Code for Alcohol-Free and Low-Alcohol Beer (Reclamecode voor Alcoholvrij en Alcoholarm Bier - RvAAB) entered into force. This new advertising code stipulates, among other things, that advertising for alcohol-free and low-alcohol beer may not be aimed at young people under the age of 18. Also, advertising for low-alcohol beer may not be aimed at pregnant women, nor may it promote active traffic participation. With the introduction of the Advertising Code for Alcohol-Free and Low-Alcohol Beer, one of the agreements made by the Dutch Brewers (brewers industry association) and STIVA (foundation for responsible alcohol consumption), in the context of the National Prevention Agreement, has been completed.

The code applies to advertising of all beers with an alcohol content of up to 0.5% and applies to all organisations that advertise these products, such as beer brewers, supermarkets and hotel and catering establishments.

Please see this link for the full text (in Dutch).

ICAS, EASA and CONARED Statement on the Importance of Responsible Advertising and COVID-19

https://icas.global/icas-easa-and-conared-statement-on-the-importance-of-responsible-advertising-and-covid-19/