Influence in practice · Episode #1
Law of 9 June 2023 · Order of 6 November 2024 · DGCCRF
In 2025, the DGCCRF, France’s consumer protection authority, inspected 280 influencers. Almost half of them (46%) were subject to corrective or enforcement measures, according to the annual report it published in June 2026. In its earlier inspections, the authority mainly found undisclosed partnerships, misleading claims and the promotion of prohibited products.
Since Law No. 2023-451 of 9 June 2023, commercial influence has had its own legal framework in France. The law has since been amended several times. The Order of 6 November 2024 brought it into line with EU law. A decree of 28 November 2025 made the written contract requirement applicable from 1 January 2026. Finally, the rules on promoting crypto-assets were rewritten with effect from 1 July 2026.
These rules do not only concern creators. Agencies, agents and the brands that pay them are also accountable for the content published.
This first episode of the “Influence in practice” series sets out the basic rules, which the following episodes will cover sector by sector. You first need to know who is concerned (1.), then disclose the commercial intent (2.), know which promotions are prohibited or restricted (3.) and put the relationship in a contract (4.). Otherwise, the risks are real (5.). Finally, the forthcoming EU Digital Fairness Act could change these rules (6.).
1. Who is concerned
The influencer. The law covers individuals and legal entities who, in return for payment, use their reputation with their audience to share online content that directly or indirectly promotes goods, services or any cause (Art. 1 of the Law of 9 June 2023).
Three elements are enough: a reputation, something in return and a promotion. There is no follower threshold. What is received in return can be money or a benefit in kind, such as a free product or a trip. In other words, a micro-influencer who receives a product in exchange for a post falls within the scope of the law.
The influencer’s agent. The agent represents one or more influencers with advertisers, for payment (Art. 7). The agent must defend the interests of the influencers they represent, avoid conflicts of interest and ensure that their content complies with the law.
The advertiser and its agent. The brand that pays the creator, and the agency that runs the campaign on its behalf, are parties to the relationship. As we will see, they share liability for it (4.).
Influencers based abroad. The law also applies when they target an audience in France (Art. 9). Those established outside the European Union, the European Economic Area or Switzerland must appoint a legal representative in the EU and take out civil liability insurance with a European insurer (Art. 9, I and II). For creators established in another European country, the 2024 Order limited the application of French rules to certain cases, in line with EU law (Art. 5-1).
2. Disclose the commercial intent
The principle. Failing to disclose the commercial intent through a clear, legible and understandable statement, on every medium used, is a misleading commercial practice, unless the intent is already apparent from the context (Art. 5-2 of the law, referring to Art. L. 121-3 of the French Consumer Code).
The label. The labels “Publicité” (advertising) or “Collaboration commerciale” (commercial partnership) meet this requirement. Since the Order of 6 November 2024, an equivalent label adapted to the format of the content is also accepted. This flexibility does not change the essentials: followers must understand, without effort, that they are looking at an advertisement.
The ARPP’s recommendations. The ARPP practical sheet on communication by influencers and brands, updated in June 2024, explains what a compliant label looks like. First, it must be instant: visible in the video, the image or at the start of the description, without having to click “see more”. A label placed at the end of a video or story, buried among hashtags, hidden behind a click or added after publication is not enough.
Second, it must be explicit and written in French: “Collaboration rémunérée” (paid partnership), “Sponsorisé par” (sponsored by) or the hashtags #Partenariat and #Sponsorisé are acceptable, as are the disclosure tools offered by platforms. Finally, it must be legible, with a suitable font size, enough contrast and a display time long enough to read it. The ARPP also recommends stating the nature of the relationship when a product was sent without any request for content.
In other words, the context exception must remain an exception. When in doubt, the label is required, at the start of a video as on every story in a sequence.
Advertising rules apply. Commercial influence is subject to the rules governing the advertising and promotion of goods and services (Art. 3). Influencer content about alcohol, for example, must comply with the Évin Law just like a poster.
Two specific labels. The law also requires:
the label “Images retouchées” (retouched images) when a body shape or face has been altered, and “Images virtuelles” (virtual images) when they have been produced by artificial intelligence (Art. 5, I);
when promoting training funded by public money, such as the CPF (personal training account), information on its funding and eligibility conditions (Art. 5, II). Decree No. 2026-233 of 30 March 2026 has specified this information since 2 April 2026.
3. Know which promotions are prohibited or restricted
Article 4 of the law lists the promotions prohibited to influencers, whatever the network used. The following are prohibited:
promoting certain cosmetic procedures, techniques and methods, such as cosmetic surgery or injections (Art. 4, I);
promoting non-therapeutic products or methods presented as comparable, preferable or substitutable to medical treatment (Art. 4, II);
promoting products containing nicotine (Art. 4, III);
promotion involving certain non-domestic animals, subject to exceptions (Art. 4, IV);
promoting certain high-risk financial contracts, as well as crypto-asset services and crypto-assets, except, for the latter, where the advertiser is licensed or authorised under the EU MiCA Regulation (Art. 4, V, as in force since 1 July 2026);
promoting subscriptions to sports betting tips or advice (Art. 4, VI).
Gambling is restricted, not prohibited. It may only be promoted on platforms that allow users under 18 to be excluded, provided that this mechanism is activated. A statement that the content is prohibited to minors is mandatory, and the contract with the gambling operator must include a clause by which the influencer undertakes to comply with the applicable rules (Art. 4, VII).
In other words, before any campaign, the first question is not “how should we present the product?” but “are we allowed to promote it?”. The next episodes of the series will cover these rules sector by sector.
4. Put the relationship in a contract
A written contract, failing which it is void. The contract between the influencer and the advertiser, its agent or the influencer’s agent must be in writing, failing which it is void (Art. 8, I). It must include, in particular:
the identity of the parties, their contact details and their country of tax residence;
the nature of the services to be provided;
the remuneration or benefits in kind, and how they are provided;
the rights and obligations of the parties, in particular regarding intellectual property;
a clause subjecting the contract to French law where the activity targets the French public.
The €1,000 threshold. This requirement only applies above a remuneration threshold set by decree (Art. 8, II). Decree No. 2025-1137 of 28 November 2025 set it at €1,000 excluding VAT, from 1 January 2026. The threshold is assessed overall: it adds up the remuneration and the value of the benefits in kind received for services pursuing the same promotional objective. Below it, a written contract is still strongly recommended: it is what sets out the deliverables, the rights to use the content and the allocation of liability.
Joint and several liability. The advertiser, its agent, the influencer and the influencer’s agent are jointly and severally liable for damage caused to third parties in performing the contract (Art. 8, III). In other words, the victim of an unlawful promotion can claim compensation from the brand or the agency, not only from the creator. This is why agencies have every interest in approving content before it is published.
Selling without delivering. An influencer who sells products delivered directly by a supplier (dropshipping) is strictly liable to the buyer. They must disclose the supplier’s identity and check that the products are available and lawful (Art. 6).
5. The risks of non-compliance
Criminal penalties. Failing to disclose commercial intent and most of the promotions prohibited by Article 4 carry the penalties for misleading commercial practices: two years’ imprisonment and a €300,000 fine. This amount can be increased to 10% of average annual turnover or 50% of the expenditure incurred for the promotion (Art. L. 132-2 of the French Consumer Code). Omitting the “retouched images” or “virtual images” labels, or the information on training, is punishable by one year’s imprisonment and a €4,500 fine (Art. 5, III).
A ban on practising. For prohibited promotions, the court may impose, as an additional penalty, a permanent or temporary ban on carrying out commercial influence activities (Art. 131-27 of the French Criminal Code).
Regular inspections. The DGCCRF has officers dedicated to commercial influence. It can issue warnings and compliance orders, and refer the most serious cases to the public prosecutor. It now publishes some penalties on social media, which adds a reputational risk to the fine.
Contractual consequences. A contract that is not in writing above the threshold is void. And joint and several liability exposes the brand and the agency to claims from harmed consumers.
It follows from this framework that a campaign’s compliance is decided before it goes live: in the choice of product, the drafting of the contract and the approval of content.
6. What could change: the Digital Fairness Act
On 11 November 2026, the European Commission presented its proposal for a Digital Fairness Act. This regulation would replace the 2005 Unfair Commercial Practices Directive, which the French Consumer Code transposes, and includes a specific article on influencer marketing (Art. 11 of the proposal).
According to the explanatory memorandum and recitals, the text provides in particular for:
a clear, visible and unambiguous commercial disclosure, shown from the start and throughout the content, in the language of the message;
a ban on influencers exploiting the trust of minors;
a ban on influencer marketing for products whose advertising is prohibited by EU or national law, and for dangerous products;
an obligation for brands and agencies to ensure that influencers comply with these rules, including where there is no contract, for example when a product is simply sent, without being able to exclude this by a contractual clause.
In other words, the liability of brands and agencies, already joint and several under French law, would become a genuine duty of care at European level. The text is only a proposal, however: it still has to be negotiated by the European Parliament and the Council, and would only apply twelve months after its entry into force. We will update this article as negotiations progress.
Checklist before every campaign
The product or service can lawfully be promoted by an influencer (Art. 4).
The advertising rules specific to the sector have been identified, for example the Évin Law for alcohol (Art. 3).
For crypto or a financial product, the advertiser’s licence or authorisation has been checked (Art. 4, V).
For gambling, the exclusion of minors is activated on the platform and the statement that the content is prohibited to minors appears in it (Art. 4, VII).
Above €1,000 excluding VAT, a written contract is signed before the work starts (Art. 8 and Decree No. 2025-1137).
The contract provides for content approval, usage rights and the allocation of liability (Art. 8, III).
Every piece of content carries a clear, legible and understandable commercial label (Art. 5-2).
The label appears from the start of the content, without a click, and not only among hashtags (ARPP practical sheet).
The “retouched images” or “virtual images” labels are added where required (Art. 5, I).
For a creator established outside the EU, the legal representative and civil liability insurance have been checked (Art. 9).
Sources
Law No. 2023-451 of 9 June 2023 on regulating commercial influence and combating abuses by influencers on social networks (Légifrance): Arts. 1, 3, 5, 5-1, 5-2, 6, 7, 8 and 9
Order No. 2024-978 of 6 November 2024 amending Law No. 2023-451 of 9 June 2023 (Vie publique)
Decree No. 2026-233 of 30 March 2026 on the promotion of training by influencers (Service Public)
French Consumer Code: Arts. L. 121-3 and L. 132-2
ARPP, practical sheet “Communication influenceurs et marques”, June 2024 (ARPP)
European Commission, proposal for a Digital Fairness Act, 11 November 2026
French Criminal Code: Art. 131-27
DGCCRF 2025 activity report, 10 June 2026 (economie.gouv.fr)
To go further and secure your influencer campaigns, through our expertise we support agencies, brands and creators in drafting and reviewing their influencer contracts, checking that their content complies before it is published, and defending them during DGCCRF inspections.