Influencer Agreement in Netherlands: Template and Key Clauses (2026)

An influencer agreement in the Netherlands is a contract between a brand (or agency) and a content creator for sponsored posts, videos or campaigns. The commercial terms are familiar, but Dutch law adds specific duties around advertising disclosure, broadcast-style rules for video creators, data protection and the creator's employment status. This guide sets out the law, the key clauses and a working skeleton. It is general information, not legal advice; confirm a live deal with a Dutch lawyer. ## What law governs an influencer agreement in the Netherlands? The contract itself sits under the Dutch Civil Code (Burgerlijk Wetboek, BW). An influencer engagement is usually a contract of assignment (overeenkomst van opdracht, Book 7 BW), where the creator owes professional effort rather than a guaranteed outcome. On top of the contract sit advertising, media, data protection and tax rules. ## Advertising disclosure (Reclamecode and ACM) The central rule is that paid or sponsored content must be recognisable as advertising. Two bodies matter: - The Dutch Advertising Code (Nederlandse Reclame Code) includes a specific chapter for social media and influencer marketing (the Reclamecode Social Media and Influencer Marketing, RSM). It requires clear disclosure of a paid relationship, using plain labels such as advertentie, betaald partnerschap or a clear hashtag, and covers gifted products and affiliate links too.

• The Autoriteit Consument en Markt (ACM), the Dutch consumer and markets authority, enforces the ban on misleading and hidden advertising under consumer protection law. Undisclosed paid content can be an unfair commercial practice. The agreement should put the disclosure duty on the creator explicitly and define how each format is labelled. ## Media Act for video creators Larger video creators can fall under the Dutch Media Act (Mediawet) and the oversight of the Commissariaat voor de Media. In recent years, prominent video makers (often described as commercial media services) have been expected to register and follow advertising and sponsorship rules similar to broadcasters. If the creator runs a substantial video channel, check whether these obligations apply, because they add disclosure and record-keeping duties beyond the advertising code. ## Data protection (AVG and GDPR) The General Data Protection Regulation (GDPR), known in Dutch as the Algemene Verordening Gegevensbescherming (AVG), applies to follower and audience data, giveaway entries and any personal data handled during a campaign. If the brand receives entrant data, agree who is controller, set the lawful basis, and avoid unlawful contacting of participants without consent. ## VAT and employment status A professional creator generally charges Dutch VAT (belasting over de toegevoegde waarde, BTW) at the standard rate of 21 percent on fees; agree whether amounts are stated inclusive or exclusive of BTW. For gifted products and barter, remember there can still be a taxable value. Classification matters under the Wet DBA (the Dutch law on assessment of employment relationships). If the creator is engaged like an employee (fixed hours, close direction, no real independence), the arrangement can be treated as disguised employment (schijnzelfstandigheid), with tax and social security consequences for the engaging party. Keep the creator genuinely independent, or use a proper employment contract if that is the reality. ## Key clauses in a Dutch influencer agreement - Deliverables: number and format of posts or videos, platforms, posting schedule and campaign dates.
• Content approval: review and approval workflow, and who has final say on edits.
• Disclosure: mandatory advertising labels under the Reclamecode, applied per format.
• Intellectual property and usage rights: who owns the content, and the licence for the brand to reuse it (channels, territory, duration), including whitelisting or paid amplification.
• Exclusivity: whether the creator may work with competitors, and for how long.
• Fees and VAT: amounts, milestones, expenses, gifted products and BTW treatment.
• Performance and reporting: metrics, screenshots and access for verification.
• Data protection: AVG and GDPR duties, especially for giveaways.
• Morality and takedown: conduct standards, and the right to require removal of non-compliant content.
• Term, termination and governing law: notice, breach, Dutch law and venue. ## A simple drafting skeleton 1. Parties and date

2. Definitions (campaign, deliverables, platforms)
3. Scope and deliverables
4. Content approval workflow
5. Advertising disclosure obligations
6. Intellectual property and usage licence
7. Exclusivity and conflicts
8. Fees, expenses and VAT
9. Reporting and metrics
10. Data protection (AVG and GDPR)
11. Conduct, morality and takedown
12. Independent contractor status (Wet DBA)
13. Term and termination
14. Governing law (Dutch) and venue
15. Signatures Give the most attention to disclosure, usage rights and classification, because these decide whether the campaign is lawful, how far the brand can reuse the content, and who bears the tax risk. ## Keeping a portfolio of these contracts under control The hard part is rarely one agreement. It is tracking many of them at once: which service level or scope applies, when each renewal or notice period falls, which liability position you accepted, and whether a clause was quietly changed in the last draft. That work (drafting from a tuned template, flagging risky clauses per clause, tracking renewals and keeping versions straight) is what an AI contract workspace can hold in one place. Adira is built for this: one AI workspace tuned to your company and built on Claude, with per-clause risk review, plain-English clause editing and a live activity timeline. It is India-first today with other jurisdictions on its roadmap, so verify local depth before relying on it for Dutch law. More at Adira. The law above stands on its own. ## Bottom line A Dutch influencer agreement is a contract of assignment under the Burgerlijk Wetboek, wrapped in strict advertising-disclosure rules (the Reclamecode and ACM enforcement), possible Media Act duties for big video creators, AVG and GDPR obligations for audience data, BTW at 21 percent, and the Wet DBA classification risk. Nail the disclosure labels, the usage licence and the contractor status, and take Dutch advice before signing a real deal.