Commercial influence: what the ARPP’s 2026 Observatory reveals
Transparency in commercial influencer content is improving, but one in five posts published by non-certified creators still fails to comply. This is one of the findings of the 2026 Observatoire de l’Influence Responsable (Responsible Influence Observatory), published by the ARPP (Autorité de Régulation Professionnelle de la Publicité, the French advertising self-regulatory organisation) on 1 October 2026.
The Observatory measures compliance with the rules of transparency and fairness in commercial influencer content. Launched in 2019 as a pilot covering 500 posts, it grew in scale from 2021, with more than 30,000 posts analysed using a combination of artificial intelligence and human review. It has been published annually ever since.
Nearly 25,000 posts were analysed across four sectors: finance, beauty, gambling and food. The rate of non-compliance with the transparency obligation stands at 10% for certified creators and 18% for non-certified creators, compared with 13% and 39% respectively in 2025. The ARPP points out that the scope differs from one year to the next: the comparison indicates a trend, not a precise measurement.
Beyond the figures, the Observatory highlights persistent grey areas and sector-specific risks. For brands, agencies and creators, each of these is a legal point to watch.
Key figures, sector by sector
In all four sectors, certified creators are more transparent than others, but the gap varies widely: from 5 points in beauty to 38 points in finance.
In finance (6,589 posts analysed between December 2025 and January 2026), no certified post was found to be non-compliant, compared with 38% of non-certified posts. Gambling (3,656 posts, April to June 2026) shows the widest gap after finance: 11% among certified creators, 40% among non-certified creators.
Beauty (7,719 posts, February to March 2026) achieved the best overall results, with non-compliance at 9% among certified creators and 14% among non-certified creators. The ARPP attributes this to a more structured ecosystem and more professionalised partnerships. Finally, food (6,893 posts, July to August 2026) stands at 14% and 20%.
The methodology changed in 2026: short cycles of around two months per sector, detection by artificial intelligence, followed by human assessment by the ARPP. The rates relate to the posts analysed, not to an entire market.
Three grey areas that still expose creators and brands
The legal framework is straightforward: since Act No. 2023-451 of 9 June 2023, as amended by the Ordinance of 6 November 2024, all commercial influencer content must bear the label “Publicité” (Advertising) or “Collaboration commerciale” (Commercial partnership) in a clear, legible and identifiable manner. Failure to do so is punishable as a misleading commercial practice, carrying up to two years’ imprisonment and a fine of 300,000 euros. Yet the Observatory shows that three situations remain problematic.
1. Non-monetary consideration. A trip, a dinner, an invitation to a match or a free product may be enough to establish a commercial relationship. The decisive criterion is not the form of the consideration, but whether content is requested in return. The label must therefore appear immediately and remain understandable.
2. Indirect commercial mechanisms. Promo codes and affiliate links often reveal remuneration, without the content being identified as advertising. Wording such as “gift” or “collab” remains common. It does not replace the legally required labels, since the audience does not immediately grasp the nature of the content.
3. Short-form and live formats. In a live stream, the label must remain visible despite the spontaneity of the format. In stories, the succession of frames can separate the label from the promoted content. The risk is heightened at events, on trips and during sports broadcasts.
Beyond transparency: sector-specific risks
In finance, gambling and food, the main obstacle is the accumulation of mandatory notices, which are hard to fit into a story or a live stream. The ARPP acknowledges this and is lobbying the public authorities for a simplification suited to platform formats. In the meantime, the applicable law remains unchanged.
Finance: The ARPP notes referrals to private messaging channels or training courses, sometimes accompanied by promises of excessive returns, and a lack of information about risks. These practices fall under Article 4 of the Act of 9 June 2023, the guidance of the AMF (French financial markets authority) and the prohibition of misleading commercial practices.
Beauty: The difficulties concern quantified results presented without details of the testing, the very definition of cosmetic products, and medical claims relating to acne or sun protection. Regulation (EC) No 1223/2009 and Regulation (EU) No 655/2013 closely govern such claims.
Food: The health message “mangerbouger.fr” is often missing or incomplete, and unauthorised health claims appear. The reference texts are Article L. 2133-1 of the French Public Health Code and Regulation (EC) No 1924/2006.
Gambling: The most frequent breaches concern the inclusion of the warning message and the placement of the 18+ pictogram. They are assessed in the light of Article 4 of the Act of 9 June 2023 and the rules of the ANJ (Autorité nationale des jeux, French gambling regulator).
The common thread: a correct transparency label is not enough. Content clearly identified as advertising may still be unlawful because of what it says, whether a health claim, a promise of returns or the absence of a mandatory message.
The ARPP Certificate: a useful marker, not an immunity
As at 30 September 2026, 2,677 creators had obtained the Certificat de l’Influence Commerciale Responsable (Responsible Commercial Influence Certificate), and nearly 6,200 profiles had registered for it. Sector-specific options complement it: Finance (with the AMF), Gambling (with the ANJ), Beauty (launched on 21 May 2026 with FEBEA, the French cosmetics industry federation) and Sport (launched on 29 June 2026 with INSEP, the French national sports institute). A Food option is due in October 2026 and a Health and Wellbeing option in November.
According to Kolsquare data presented alongside the Observatory, 75.7% of certified creators retained their audience between January and June 2026, compared with 64.6% of non-certified creators. Transparency therefore does not harm performance. The ARPP is careful, however, not to infer a causal link.
From a legal standpoint, two limits apply:
Certification does not provide exemption. A certified creator remains subject to the law and its penalties; indeed, 10% of the certified posts analysed are still non-compliant.
Liability is shared. The 2023 Act provides for joint and several liability of the advertiser, its agent and the influencer for damage caused to third parties. Choosing a certified creator reduces the brand’s risk, but does not eliminate it.
What brands, agencies and creators can do now
Classify every relationship. Any content published in return for a benefit, of whatever kind, must be treated as commercial influence.
Avoid approximate labels. “Gift”, “collab” or a mere promo code are not equivalent to “Publicité” or “Collaboration commerciale”.
Adapt the label to the format. A label on every frame of a story, and a label visible throughout a live stream.
Include sector-specific notices in the brief. Health message, gambling warning, information on financial risks: the contract should specify who drafts them and how they are displayed.
Have claims validated. Efficacy figures, health claims or promises of returns must be substantiated before publication.
Monitor after publication. As liability is joint and several, it is in the brand’s interest to check the content published and to provide for rapid correction clauses.
The firm advises advertisers, agencies and creators on drafting their influencer contracts and auditing their practices. Please do not hesitate to contact us.
Sources:
Ordinance No. 2024-978 of 6 November 2024 amending Act No. 2023-451 of 9 June 2023
French Consumer Code, provisions on misleading commercial practices
French Public Health Code, Articles L. 2133-1 et seq. (food, advertising and promotion)
Regulation (EC) No 1223/2009 of 30 November 2009 on cosmetic products
Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods
ARPP, Observatoire de l’Influence Responsable 2026, press release of 1 October 2026
ARPP, results of the Observatoire de l’Influence Responsable 2021, 13 September 2021
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