Influence and compliance: everything brands and agencies need to know before launching a campaign

1. The framework: the Law of 9 June 2023 and its amendments

The reference text is Law No. 2023-451 of 9 June 2023, aimed at regulating commercial influence and combating the misuse of influencers on social media. It defines commercial influence activity and that of influencer agents, sets transparency obligations, prohibits or regulates the promotion of certain products, and organises contractual relationships between advertisers, agencies, and creators.

Law No. 2023-451, Article 1 (definition) Those who engage in commercial influence activity are individuals who, for remuneration, leverage their notoriety with their audience to communicate to the public, electronically, content aimed at promoting, directly or indirectly, goods, services, or any cause.

The term 'for remuneration' covers payment in cash as well as benefits in kind (free products, invitations).

A text amended several times

• Ordinance No. 2024-978 of 6 November 2024: It amends Articles 1, 4, 5, and 9 to align the law with European regulations, following notification to the European Commission. It limits the scope to influencers based in France and outside the European Economic Area, with a safeguard mechanism for those based in the EEA (Article 5-1), and relaxes the format of mandatory disclosures.
• 1 July 2026: A new version of Article 4 (sector-specific prohibitions) came into force, under Law No. 2025-391 of 30 April 2025.
• 1 January 2027: Law No. 2026-602 of 8 July 2026 on the environmental impact of the textile industry adds a paragraph IV bis to Article 4, prohibiting the promotion of ultra-fast fashion (see Section 5).

2. Transparency: Disclosing Commercial Intent

This obligation applies to all campaigns, regardless of the sector. Since the 2024 ordinance, Article 5-2 directly links the absence of disclosure to consumer law.

Law No. 2023-451, Article 5-2 Constitutes a misleading commercial practice under Article L. 121-3 of the Consumer Code […] the failure to indicate, through a clear, legible, and understandable notice on any medium used, the commercial intent pursued […] where such intent is not already apparent from the context.

Which disclosure should be used?

The original version of the law required the disclosures 'Advertisement' or 'Commercial Collaboration', identifiable on the image or video, in all formats, throughout the entire promotion. The 2024 ordinance now allows an equivalent disclosure, provided it is clear, legible, and understandable, and suited to the format of the medium.

Nevertheless, the Union des marques recommends explicitly identifying the commercial collaboration, in line with regulators' expectations and the ARPP Recommendation on 'Digital Advertising Communication'.

An older rule: the LCEN

Even before the 2023 law, the Law of 21 June 2004 for Confidence in the Digital Economy required that any online advertising be clearly identified as such and make the person on whose behalf it is conducted identifiable.

Penalties

According to Centre Inffo, the original version of the law penalised the breach of the disclosure obligation with up to two years' imprisonment and a fine of €300,000, under Articles L. 132-1 to L. 132-9 of the Consumer Code.

3. Edited images and AI-generated content

The Influence Law: “edited image” and “virtual image”

Article 5 of the law requires two disclosures on promotional content:

• “Edited image” when the image has been altered to slim or enhance the figure or modify facial appearance;
• “Virtual image” when the face or figure has been created using artificial intelligence.

As with commercial disclosures, the 2024 ordinance permits equivalent wording tailored to the activity and format of the medium.

The European AI Act: labelling deepfakes

From 2 August 2026, the transparency obligations under Article 50 of the European AI Regulation (AI Act) will apply. The deployer of an AI system that generates or manipulates images, audio, or video content constituting a deepfake must indicate that the content has been artificially generated or altered.

Regulation (EU) 2026/1744, known as the “AI Omnibus”, postponed obligations for high-risk systems but not those under Article 50. Failure to comply with these transparency requirements may result in fines of up to €15 million or 3% of global annual turnover.

4. Cosmetic products: claims and filters

Cosmetics are not among the prohibited products, but their promotion is governed by three frameworks: the European Cosmetics Regulation, the 2023 law, and the ARPP’s “Cosmetic Products” Recommendation (8th edition, effective since 1 July 2019).

All claims must be substantiated

ARPP Cosmetic Products Recommendation V8, point 1.2 All claims must be supported by appropriate evidence. The claim must align with the nature and scope of that evidence.

• If the communication highlights an ingredient, its effectiveness must be demonstrable in the finished product.
• A satisfaction survey may only be presented as a percentage of satisfied users, never as a percentage of effectiveness. The ARPP provides an example: “60% of wrinkles smoothed” cannot be based on a survey where 60% of women felt their skin was smoother.
• Specific claims (“hypoallergenic”, “for sensitive skin”, “natural”, anti-ageing, hair loss) follow precise criteria. A product may only be labelled “natural” if at least 95% of its ingredients are natural or of natural origin.

Filters and retouching

The law does not ban filters outright but requires the “edited image” disclosure when the figure or face is altered (Section 3). However, results achieved through filters (e.g., smoothed skin for an anti-wrinkle cream or blemish removal for acne treatment) do not prove product efficacy. Presenting such results as the effect of the cosmetic constitutes an unsubstantiated claim, contrary to point 1.2 of the ARPP Recommendation and potentially a misleading commercial practice.

Cosmetics are not medicine

A cosmetic product is designed to cleanse, perfume, protect, or alter the appearance of superficial body parts. Any communication attributing therapeutic effects (e.g., curing acne or eczema) reclassifies it outside this category and may violate Article 4’s prohibition on methods presented as substitutes for treatment.

5. Prohibited or regulated products and services

Article 4 of the law lists promotions prohibited for those engaged in commercial influencing. In its version effective since 1 July 2026, it bans all direct or indirect promotion of:

• aesthetic procedures, techniques, and methods that may pose health risks (Article L. 1151-2 of the Public Health Code) and cosmetic surgery interventions (Article L. 6322-1 of the same code);
• products, acts, or non-therapeutic methods presented as comparable, preferable, or substitutable for treatments;
• nicotine products that can be consumed and are composed, even partially, of nicotine;
• involving animals not listed in Section I of Article L. 413-1 A of the Environmental Code, except for authorised establishments;
• certain high-risk financial products and services, including specific financial contracts and crypto-asset services, outside the conditions provided by law.

Commentators also note the prohibition on promoting subscriptions to sports advice or predictions. Gambling and professional training are regulated rather than banned (Sections 9 and 10).

New from 1 January 2027: ultra-fast fashion

Article 7 of Law No. 2026-602 of 8 July 2026 inserts a new subsection IV bis into Article 4. It prohibits influencers from promoting, for a fee or free of charge, products classified as ultra-fast fashion (fast fashion). According to legal experts who analysed it, the measure takes effect on 1 January 2027 and carries an administrative fine of up to €100,000.

6. Health: medicines and medical devices

The 2023 law did not introduce a blanket ban on promoting medical devices. It reaffirms that the regulations in the Public Health Code on advertising health products apply to influencers: medicines (Articles L. 5122-1 et seq.), medical devices (L. 5213-1 to L. 5213-7), and in vitro diagnostic devices (L. 5223-1 et seq.). These rules require an objective presentation that is not misleading and does not pose a risk to public health.

What is prohibited by the influencer law (Article 4)

• the promotion of aesthetic procedures posing health risks and cosmetic surgery;
• the promotion of products, acts, methods, or non-therapeutic procedures presented as comparable, preferable, or substitutable for therapeutic acts, protocols, or prescriptions.

What the Public Health Code requires for medical devices

Public Health Code, Article L. 5213-3 Medical devices and their accessories covered or funded, even partially, by compulsory health insurance schemes may not be advertised to the public, except for devices [...] presenting a low risk to human health, the list of which is set by decree.

• advertising for certain high-risk devices, listed by decree, is subject to prior authorisation from the ANSM, valid for five years;
• advertising must present the device objectively and encourage its proper use;
• advertising prescription-only medicines to the public is prohibited.

7. Alcohol: the Évin Law applies to influencers

The influencer law did not create a specific regime for alcohol: the Évin Law, codified in Articles L. 3323-2 et seq. of the Public Health Code, applies. Two key constraints apply simultaneously:

• permitted media, as defined by Article L. 3323-2;
• a limited list of permitted claims, set by Article L. 3323-4 (alcohol content, origin, composition, production method, sales terms, etc.).

The health warning "Alcohol abuse is dangerous for health" is mandatory on all alcohol advertisements (Article L. 3323-4).

What the ARPP’s Alcohol Recommendation specifies

• no communication should encourage excessive consumption or criticise abstinence or sobriety;
• no communication should associate alcohol with luck, achievement, boldness, or sports;
• communications must not target minors or feature minors;
• no communication on online services where it is reasonable to assume the audience is not at least 70% adults.

For an influencer casting, this point requires checking the age distribution of each creator’s audience before selecting them.

Case Law

The ARPP reports a ruling in which a court classified influencer posts as 'illegal advertising' because they used their fame to promote alcoholic beverages and encouraged excessive consumption. The court ordered the removal of the posts without needing to prove a commercial collaboration.

8. Food: The Healthy Eating Message mangerbouger.fr

Public Health Code, Article L. 2133-1 Advertisements for beverages with added sugars, salt or artificial sweeteners, or for manufactured food products must include a health-related message.

For online, television or radio messages, the obligation applies to those broadcast and received within French territory.

Requirements Set by the Decree of 27 February 2007

• Four health messages exist (e.g., 'For your health, eat at least five portions of fruit and vegetables a day'). Campaigns must include them equally;
• Variations using informal language are provided for messages targeting younger audiences;
• The address www.mangerbouger.fr must accompany the message, following platform-specific rules;
• On visual media, the message must appear in a dedicated banner covering at least 7% of the advertising space.

Penalty

Failure to comply by advertisers and promoters may result in a €37,500 fine, which can be increased to 30% of the expenditure on the relevant advertisements.

9. Gambling and Sports Betting

Promoting gambling and betting through influencers is not prohibited, but it is strictly regulated under Article 4 of the 2023 law and the Internal Security Code:

• It is only permitted on platforms that technically allow excluding all users under 18, and the influencer must actively enable this feature;
• Content must include a notice stating that it is prohibited for under-18s;
• Only licensed operators may be promoted (online operators approved by the ANJ, FDJ, PMU, authorised casinos).

ANJ Guidelines

The National Gaming Authority interprets the decree of 4 November 2020 on commercial communications. Advertising must not suggest that gambling contributes to social success, nor associate it with financial achievement, romantic success or third-party admiration, nor present it as an alternative to work or a solution to personal difficulties.

For sports partnerships, the ANJ considers the influencer’s audience among minors on social media—when it exceeds 16% of 13-17-year-olds on one or more platforms—to assess whether they appeal to minors.

10. Professional Training and CPF

The law specifically targets the promotion of training courses, following abuses related to the personal training account.

Training Funded by Public or Pooled Funds

When promoting registration for a professional training course (Article L. 6313-1 of the Labour Code) funded by an Opco, Transitions Pro, the State, Regions, Caisse des Dépôts, France Travail or Agefiph, the commercial notice must include details on:

• funding;
• commitments and eligibility rules;
• identifying the training provider(s) responsible, and for CPF-eligible training, the provider listed on the Mon Compte Formation platform.

According to Centre Inffo, violating these provisions is punishable by one year’s imprisonment and a fine of €4,500.

Prohibition of incentives for CPF registration

The law prohibits any sale or promotional offer of a product, or any form of remuneration, in exchange for registering for CPF-eligible training (Article L. 6323-6 of the amended Labour Code). Non-compliance may result in an administrative fine of up to €75,000 for an individual and €375,000 for a legal entity.

11. Environmental claims and greenwashing

Current regulations in France

• Misleading commercial practices: A false or unverifiable environmental claim is already punishable under consumer law, regardless of the medium, including influencer posts.
• Carbon neutrality: Since the Climate and Resilience Law, Article L. 229-68 of the Environmental Code (in force since 25 August 2021) only permits the claim "carbon neutral" if the advertiser publishes a report on its direct and indirect emissions, its strategy for avoidance, reduction, and offsetting with quantified annual targets, and details of the offsetting measures. Non-compliance is penalised under Article L. 229-69.
• Product labelling: Article R. 541-230 of the Environmental Code prohibits claims such as "environmentally friendly" or "biodegradable" on a product or its new packaging intended for consumers.
• ARPP: The "Sustainable Development" Recommendation (version 3 of 1 August 2020) supplements these rules.

From 27 September 2026: Directive (EU) 2024/825

This directive, known as "EmpCo" or "ECGT", was to be implemented by Member States from 27 September 2026. It adds to the list of practices deemed misleading under all circumstances:

• unsubstantiated generic environmental claims ("green", "eco-friendly", "sustainable", "environmentally friendly"), unless recognised as having excellent environmental performance;
• claims, based on offsetting emissions, that a product has a neutral, reduced, or positive environmental impact;
• sustainability labels that are not based on a certification system or established by a public authority.

For an influencer brief, the practical rule remains the same: replace absolute terms ("100% eco-friendly", "zero impact") with precise, measurable, and substantiated claims, presented on the same medium.

12. Misinformation and illegal content

There is no specific "duty of truthfulness" for influencers under the law. However, several general regulations apply to their content:

• In commercial content, a false or unverifiable claim constitutes a misleading commercial practice. The government’s code of conduct reminds that it is prohibited to claim a product increases the chances of winning in gambling or falsely assert it cures diseases.
• False news: Article 27 of the Law of 29 July 1881 on freedom of the press penalises the publication, dissemination, or reproduction in bad faith, by any means, of false news or fabricated documents likely to disrupt public order.
• Defamation: Criticising a brand in a way that discredits its products may result in civil liability for the creator.

The role of the DSA

The Digital Services Act primarily imposes obligations on platforms: providing a mechanism for reporting illegal content, prioritising reports from "trusted flaggers", and acting swiftly. A platform that fails to act on reported illegal content may be held liable. Associations representing victims of influencer marketing are designated as trusted flaggers.

For a brand or agency, the risk is tangible: reported content may be removed, and the account suspended, disrupting the campaign.

13. Child influencers: the Studer Law

Law No. 2020-1266 of 19 October 2020, known as the Studer Law, regulates the commercial use of images of children under 16 on online platforms. It came into force in April 2021. The 2023 law specifies that children under 16 engaged in commercial influencing are subject to this regulation.

Two regimes

• Employment relationship: Article L. 7124-1 of the Labour Code requires prior individual authorisation from the administrative authority, as for child performers and models. According to a 2025 ministerial response, the definition of commercial influencing (paid activity) means child influencers fall under this strictest regime.
• Outside an employment relationship: When the child is the main subject of videos and their duration or earnings exceed thresholds set by decree, a declaration to the authorities is mandatory.

The savings fund and advertiser obligations

• The majority of the child’s earnings are paid to the Caisse des Dépôts et Consignations and held until they reach adulthood or are emancipated;
• Advertisers paying for product placement in content featuring a relevant child must verify if thresholds are exceeded and, if so, pay the required amount into the child’s account at the Caisse des Dépôts;
• The law establishes a right to content erasure for minors.

Law No. 2024-120 of 19 February 2024, aimed at ensuring respect for children’s image rights, has further strengthened parents’ obligations regarding their children’s privacy protection.

14. Contracts, responsibilities and agents

The mandatory written contract

Article 8 requires a written contract between the influencer and the advertiser (or agent, or their representatives) beyond a threshold set by decree. Decree No. 2025-1137 of 28 November 2025 set this threshold: a written contract is mandatory once the total of payments and benefits in kind from the same advertiser in a year exceeds €1,000 excluding VAT.

The contract must include, on pain of nullity:

• The identity of the parties, their postal and email addresses, and their country of tax residence;
• The nature of the tasks assigned;
• Payment in cash or its determination method, and where applicable, the value of any benefit in kind (travel, product gifting, invitations) and its allocation terms;
• The rights and obligations of the parties, particularly regarding intellectual property;
• That the contract is subject to French law (Consumer Code, Intellectual Property Code, 2023 Law) when the campaign targets an audience in France.

Joint liability

The advertiser, their representative where applicable, the influencer, and their agent are jointly liable for damages caused to third parties in the execution of the commercial influencing contract (Article 8). This liability arises directly from the law: it applies even if the contract does not mention it, and a clause cannot exclude it towards third parties. A brand or agency cannot shift responsibility to the creator in the event of unlawful content.

The influencer’s agent

Article 7 defines an influencer’s agent as someone who represents influencers to advertisers for a fee. They must take all necessary measures to protect the interests of those they represent, avoid conflicts of interest, and ensure their activities comply with the law.

Influencers based outside the European Union

An influencer based outside the EU, Switzerland, and the EEA who targets an audience in France must appoint a legal representative in the EU and take out professional liability insurance with an insurer established in the EU (Article 9).

15. The ARPP and self-regulation

The Autorité de Régulation Professionnelle de la Publicité (ARPP) publishes deontological recommendations that complement and clarify the law. While their application relies on voluntary adherence by professionals, they serve as a reference for regulators and courts.

• Recommendation on 'Digital Advertising Communication' (5th edition, formerly 'Digital Advertising Communication'): As early as 2017, it defined the concept of an influencer and the criteria for a commercial collaboration. It requires that advertising content be immediately identifiable as such.
• Sector-specific recommendations: Alcohol, food, gaming, etc., to be cross-referenced with the law applicable to the product.
• Responsible Influence Certificate: The ARPP trains and certifies creators on their legal and ethical obligations.

According to the 2022 certificate report cited by Centre Inffo, 55% of certified influencers correctly disclosed the advertising nature of their content, compared to 53% of non-certified influencers. This was one of the findings that led the legislator to create a specific regime in 2023.

16. The European framework

Digital Services Act (DSA)

The Digital Services Regulation imposes transparency obligations on online platforms, particularly regarding advertising and recommendation systems. It regulates platforms hosting content but does not create a specific status for influencers.

AI Act

See Section 3: the labelling of deepfakes has been applicable since 2 August 2026.

European oversight of practices

In 2024, the European Commission and consumer protection authorities from 22 member states examined the posts of 576 influencers. While 97% published commercial content, only one in five consistently labelled it as such.

Upcoming: the Digital Fairness Act

The Commission is preparing a Digital Fairness Act, which targets influencer marketing alongside deceptive interfaces. The text has not yet been adopted.

And in France

A report submitted to the Prime Minister in January 2026 by MPs Arthur Delaporte and Stéphane Vojetta assesses the 2023 law and makes recommendations, particularly on minors, live content, social commerce, and artificial intelligence.