Navigating the Dutch advertising landscape: key legal insights from the SRC's 2024 annual report

The numbers tell part of the story

The SRC received 4,957 complaints and reports in 2024, representing a notable increase from 4,866 in 2023 and 4,198 in 2022, though remaining below the 2021 peak of 6,157 complaints. But the quantitative increase masks a more significant qualitative shift: complaints have become markedly more complex and extensive, directly impacting processing times and the capacity of the Reclame Code Commissie (RCC) to render decisions.

The SRC rendered 412 decisions in 2024, down from 433 in 2023 and 452 in 2022. Of these decisions:

• 254 (62%) upheld violations, i.e. advertisers where found in breach of a Dutch advertising code;
• 149 (36%) rejected complaints; and
• 9 (2%) were classified as procedural matters.

Notably, foodstuffs specifically accounted for 79 decisions (19%)¹, indicating continued regulatory focus on food advertising compliance. The media channel analysis shows that digital marketing communications dominated enforcement activity with 249 decisions (52%)²; within digital marketing, websites generated 189 decisions (40% of total decisions), underscoring the critical importance of website compliance. “Unfair” practices dominated complaint categories with 387 categorisations (61%) of all complaints being based on advertisers’ alleged unfair practices.³

The SRC's compliance monitoring demonstrates remarkable effectiveness: of 234 final violation decisions in 2024, 95% (223 cases) achieved compliance through advertiser agreement to follow rulings and/or advertisement withdrawal or adjustment. Only 11 decisions (5%) resulted in non-compliance, with non-compliant cases published on the SRC website and reported to the Autoriteit Consument en Markt (ACM) for potential investigation and fines.

The overall trend toward complexity suggests that advertisers are operating in an increasingly sophisticated regulatory environment, where simple compliance measures may no longer suffice. Legal counsel must prepare for more nuanced regulatory challenges that require deeper analysis and more comprehensive compliance strategies. 

Emerging compliance hotspots are sustainability, dropshipping, and direct marketing

The regulatory approach to sustainability advertising continues to mature. While complaints remain critical of how environmental claims are presented, there has been a notable reduction in absolute claims compared to previous years. This suggests the market is responding to regulatory guidance, though practitioners should note that the scrutiny of sustainability claims remains intense and detailed.

Dropshipping complaints reached their peak in 2024, presenting unique jurisdictional and enforcement challenges. The primary concerns centred on unclear delivery times, return conditions, particularly high costs for international returns, product quality issues, and misleading discount practices. While dropshipping itself remains permissible, standard consumer protection rules apply with full force. The SRC encountered significant enforcement challenges, with many complaints failing to result in decisions due to insufficient information, jurisdiction issues arising from foreign-based dropshippers, website takedowns during proceedings, or non-responsive parties.

Direct marketing complaints frequently involved violations of opt-out preferences, including unwanted advertising mail despite opt-out stickers and email marketing without functional unsubscribe mechanisms or proper contact details. These seemingly straightforward violations continue to generate significant regulatory attention.

Strategic implications 

The SRC's 2024 report reveals an advertising regulatory environment characterised by increasing complexity, evolving enforcement priorities, and sophisticated compliance challenges. As the Dutch advertising landscape continues to evolve, staying ahead of these regulatory developments will be crucial for maintaining competitive advantage while ensuring robust compliance. The SRC's 60-year track record, combined with its adaptive approach to emerging challenges, suggests that self-regulation will remain the cornerstone of Dutch advertising governance for the foreseeable future.