Are you underestimating the risks of an RCC complaint?
In the Netherlands, anyone can easily lodge a complaint about advertising with the Advertising Code Committee (RCC). However, what many business owners and marketers fail to realise is that a negative ruling by the Advertising Code Committee can have far-reaching consequences. For instance, it can be used in civil proceedings, trigger enforcement action by the Netherlands Authority for Consumers and Markets (ACM), and cause reputational damage to the advertiser.
In this article, I will tell you more about the Advertising Code Committee and the Advertising Code Foundation, the rules against which the Advertising Code Committee assesses advertising, the complaints procedure, and the consequences that may arise from a ruling that an advertisement does not comply with the applicable rules.
The Advertising Code Committee and the Advertising Code Foundation
The Advertising Code Committee is an independent body that assesses complaints about advertising in the Netherlands. It assesses whether advertising complies with the rules of the Dutch Advertising Code.
Behind the Advertising Code Committee stands the Advertising Code Foundation (SRC), established on the initiative of a broad coalition of stakeholders: advertisers, media companies, creative agencies and consumer organisations.
The Advertising Code Foundation aims to promote responsible advertising in order to safeguard the reliability and credibility of the advertising industry. To this end, it administers the Dutch Advertising Code: the set of rules with which advertising in the Netherlands must comply.
This is a system of self-regulation. Its main advantage is that it is faster and more accessible than government enforcement.
The Dutch Advertising Code
The Dutch Advertising Code contains rules of conduct with which all advertising in the Netherlands must comply. These rules exist alongside the obligations already arising from, for example, civil law.
Would you like to know which rules under civil law are relevant to advertising? Then read my previously published articles: Misleading Advertising: A Practical Guide for Entrepreneurs and Comparative Advertising: What is Permitted and What is Not?
The Dutch Advertising Code consists of two parts. The first part contains general, broadly formulated standards. For example, advertising must not be misleading and must not be contrary to the truth. More subjective standards are also included: advertising must not unnecessarily cause offence to anyone and must remain within the bounds of good taste and decency. Some of these standards align with the civil law rules on misleading and comparative advertising.
The second part consists of specific advertising codes for particular sectors or topics. As of May 2026, there are 24 such codes. Examples include the Social Media & Influencer Marketing Advertising Code, the Sustainability Advertising Code and the Children’s and Young People’s Advertising Code. All specific advertising codes can be found on the Advertising Code Foundation’s website.
Submitting a complaint to the Advertising Code Committee
Anyone – whether a consumer or a business – can submit a complaint to the Advertising Code Committee regarding an advertisement. For consumers, this is, in principle, free of charge. For businesses, the fee depends on the size of the company and ranges from 250 to 1,000 euros.
A complaint can easily be submitted via the online complaints form.
Important to note: the Advertising Code Committee assesses complaints solely against the Dutch Advertising Code. It therefore does not assess whether an advertisement contravenes the civil law rules mentioned above.
If you disagree with the Advertising Code Committee’s decision, you may lodge an appeal with the Appeals Board.
What are the possible consequences?
Recommendation to cease the advertisement
If the Advertising Code Committee rules that an advertisement contravenes the Dutch Advertising Code, this is usually followed by a recommendation to cease advertising in that manner.
Public announcement (Alert)
In the event of a serious breach or misleading advertising, or where a large number of complaints are received, the Advertising Code Committee may decide to issue a so-called ‘Alert’. This means that the breach is widely publicised. This may result in some reputational damage for the advertiser.
Inclusion on the non-compliant list
If an advertiser fails to comply with the Advertising Code Committee’s advice, they will be included on the non-compliant list on the Advertising Code Foundation’s website. This too can lead to reputational damage and is therefore one reason why the vast majority of advertisers follow the Advertising Code Committee’s advice and withdraw or amend the advert.
Reporting to the Netherlands Authority for Consumers and Markets (ACM)
In the event of non-compliance, the Advertising Code Committee also reports the matter to the ACM. This is the statutory regulator responsible for fair trading and consumer protection. The ACM may, if it sees fit, subsequently decide to impose a fine on the advertiser. Such a fine can amount to up to €900,000 per infringement or 10% of the relevant turnover.
Use in civil proceedings
Although rulings by the Advertising Code Committee and the Appeals Board are not legally binding, judges generally regard them as a serious indication that there has been a breach of the legal rules on misleading or comparative advertising. A ruling by the Advertising Code Committee can therefore pave the way for civil proceedings.
Do not underestimate a complaint procedure with the RCC
The combination of potential reputational damage, inclusion on the non-compliant list and the risk of fines from the ACM means that most advertisers follow the RCC’s advice. Nevertheless, many business owners and marketers underestimate the seriousness of a complaint procedure with the RCC.
Are you involved in proceedings before the Advertising Code Committee, either as a complainant or as a defendant? If so, please contact us in good time. We will be happy to assist you in assessing your position, preparing a defence or lodging a complaint.
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