France has introduced new legislation that clearly defines and regulates the activity of influencers. The National Assembly unanimously adopted a bill, presented by deputies Arthur Delaporte (PS) and Stéphane Vojetta (Renaissance), which legally frames what is now considered a genuine profession. The text, n°1006, creates a legal definition of "commercial influence activity" and the terms "influencer" and "influencer agency."
According to the new law, individuals or entities who leverage their notoriety to communicate content to the public electronically to promote, directly or indirectly, goods, services, or any cause in exchange for an economic benefit or advantage in kind, the value of which exceeds thresholds set by decree, engage in commercial influence activity by electronic means.
Mandatory Contracts and Prohibited Products
The legislation mandates written contracts between brands and influencers, which must include clauses such as the nature of the missions, terms of remuneration, and the rights and obligations of each party. These contracts will be subject to the consumer code.
Furthermore, the law prohibits influencers from promoting certain products and services, including aesthetic procedures reserved for health professionals, surgical interventions (including those without therapeutic or reconstructive purposes), financial products and services, investments that pose risks of losses for consumers in digital assets (such as cryptocurrencies), and illicit or counterfeit products.
Through amendment n°96, deputies added a ban on the promotion of tobacco products and vaping.
Additional Restrictions and Obligations
In addition to the new prohibitions, numerous restrictions apply. For example, when promoting professional training, the nature of the funding and eligibility rules must now be communicated. Advertisements for sugary drinks, salt, sweeteners, or manufactured food products must include health messages.
If images used in product promotion have been retouched, the mention "retouched image" becomes mandatory on all media in which the image(s) appear and throughout the duration of the video in the case of video content. Moreover, if an influencer acts as a mere intermediary for the actual supplier under a contract, the supplier's identity must now be clearly indicated.
As influencer marketing continues to grow, France's new legislation aims to provide a clear legal framework for the industry, protect consumers, and ensure transparency in the relationships between brands and influencers.
