You can't fight this battle in the current judicial system. If before anyone can successfully bring a lawsuit in front of a judge the company has unlimited money, then at least one of these three things will be true:
a. the damages won't make a dent
b. they can throw lawyers at the problem for the win
c. they will have grafted their way into the economy so deeply that no one will want to kill their main source of income
This battle is already lost, if they find economical success then they are untouchable.
Can confirm in the Netherlands also. I'm not an influencer so I don't know exactly, but a few years ago there was either a crackdown, an expansion of the rules, or at least a big media campaign by the government to make the influences that focus on a Dutch audience aware of the rules surrounding promoted content
As long as the fine is cheaper than the earnings, they'll keep on doing it. And fines are retroactive, at that point they've already broadcasted to and influenced a bunch of people.
a. the damages won't make a dent
b. they can throw lawyers at the problem for the win
c. they will have grafted their way into the economy so deeply that no one will want to kill their main source of income
This battle is already lost, if they find economical success then they are untouchable.