New French law to prevent scams and abusive practices by influencers on social medias has just been enacted on 9 June 2023.
For the first time in Europe, some practices will be forbidden or regulated. Influencer’s promotions targeting French public must contain specific provisions depending on their content (sponsored, modified, virtual).
Read our quick resume.
Influencers are now defined as “natural or legal persons who use their reputation among their audience to communicate content to the public by electronic means, to promote by electronic means, directly or indirectly, goods, services or any cause whatsoever for an economic benefit or any advantage.”
A definition for influencers' agent is also implemented, as the activity which consists in "representing or putting in contact, for consideration, natural or legal persons carrying on the activity defined in Article 1 [influencers] with natural or legal persons requesting their services, to promote goods, services, practices or any cause whatsoever."
Additional obligations to conclude an agreement or in relation with their representation must be observed, as summarized below.
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Influencers established outside EU
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Influencers established within EU
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Influencers' agent or advertiser
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Obligation of representation in EU
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Yes – Must designate a legal representant (natural or legal person) established within the European Union and must communicate such details to the French Authorities upon request Subscribe to a professional civil insurance within EU
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N/A
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Must ensure that influencers are compliant with French law, notably with representation's obligations
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Obligation to conclude an agreement
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Yes - Conclusion of a written agreement is mandatory above a certain amount. Must specify the relationship between the parties: missions, payment conditions, etc. |
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Responsibility
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Advertisers and influencers are jointly responsible for damages deriving from the influencer's agreement concluded |
Influencers must not promote some sectors and products:
Provisions are implemented to enhance transparency of the influencers' practices and communication:
A summary of these provisions is available here.