Expertise·Creator economy

Influencer and
advertising law

The firm advises and defends content creators, agencies and brands in their influencer marketing and commercial communication operations, from contract negotiation through to litigation.

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Clients

Who the firm works with

01Content creators and influencersContracts with brands and agencies, protection of content, name and image, compliance of posts.

02Influencer marketing and communications agenciesManagement and influencer agent agreements, framework agreements with advertisers, campaigns involving several creators.

03Brands and advertisersReview of campaigns before release, contractual framework for creators, investigations by the DGCCRF (French consumer protection authority).

Services

From contract to litigation

Contracts

Drafting and negotiating influencer, management, partnership, licensing and sponsorship agreements (mandatory disclosures, remuneration, exclusivity, rights in content, termination terms).

Campaign compliance

“Advertising” or “Commercial collaboration” disclosures, retouched or virtual images, banned or regulated products and services (cosmetic surgery, nicotine, crypto-assets, gambling, alcohol), communication aimed at minors.

Intellectual property and image

Rights in content, image and name rights, registration of the creator’s trade mark, unauthorised reuse by a brand or a third party.

Pre-litigation and litigation

Termination of partnerships, unpaid invoices, disparagement, unfair competition and free-riding, proceedings before the Advertising Ethics Jury (JDP) and the courts.

Case examples

Situations handled by the firm

01Renegotiating an agency contract (commission, exclusivity)

02Early termination of a partnership by a brand

03Responding to a DGCCRF letter following a sponsored post

04Reuse of content by a brand beyond the scope of the contract

05Contractual framework for a campaign involving several creators

06Disparaging statements requiring a swift response

Legal framework

French Law No. 2023-451 of 9 June 2023 regulating commercial influence

ARPP recommendations
Évin Law
Climate and Resilience Law

This law defines the activities of influencers and influencer agents and requires, in particular, that the commercial nature of content be disclosed and that a written contract be concluded. The recommendations of the ARPP (French advertising self-regulatory organisation) also apply, together with consumer law, the law on unfair competition and free-riding, intellectual property law and sector-specific regulations (Évin Law, Climate and Resilience Law).

The firm also advises on issues relating to the use of artificial intelligence in the creation and distribution of promotional content.

Publications