May an influencer use customer photos for their portfolio or Instagram?

Influencer content (Instagram, TikTok, YouTube, blog) with customers/recognisable persons falls under same rules as professional photography — often strictly overstepped. Three layers: (1) GDPR: photo = personal data, social media publication = commercial-oriented processing → consent required. (2) Portrait law (Dutch Copyright Act Art. 21): publication without consent + reasonable interest = unlawful. (3) Advertising law (ACM): on sponsored content customers must be clearly marked + earned consent. Common influencer mistakes: (1) "Sneaky" photo of customer in shop/restaurant + post on Stories. (2) Customer photo in "behind the scenes" content without consent. (3) Anonymise claim: "they're facing away so OK" — no, clothing/tattoos/location can be re-identifying. (4) "They tagged so they'll see": tag = no consent. For influencers: standard model-release app (Releases) or written per-photo consent. For large public context: sign/disclosure at location. For customers who were photographed: GDPR Art. 17 erasure request + portrait-right claim (Cruijff compensation possible = €500-€5,000 for amateur context). Our erasure generator. 2024-2025 trend: influencer fines for client-photo misuse — especially with sponsored content (= commercial).