The rapid growth of sponsored content on social media has made it necessary for the French legislator to step in and provide a legal framework for any brand working with French influencers: the Law No. 2023-451 of 9 June 2023 (the “Influencer Law”) and the Ordinance of 6 November 2024 set out clear rules governing commercial influence activity and businesses that don’t understand them or apply them are exposed to real financial and reputational risks.
This guide breaks down what brands, marketing agencies, and SMEs need to know before launching an influencer campaign in France.
What is an “Influencer” under French Law?
Under Article 1 of the French Influencer Law, an influencer is legally defined as:
“A natural or legal persons who, for a fee, use their reputation among their audience to communicate to the public, by electronic means, content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever.”
In practice, the law treats the characteristic service of an influencer as publication on social networks, meaning almost anyone monetizing an audience on Instagram, TikTok, YouTube, or similar platforms falls within scope.
Why France introduced influencer marketing regulation
France now has one of the strictest influencer marketing legal frameworks in Europe. The law was introduced to:
- protect consumers, particularly minors and vulnerable groups, from misleading or hidden advertising
- crack down on undisclosed product placement
- regulate promotion of sensitive products (alcohol, online betting, cosmetic surgery)
- give influencers clearer legal responsibilities and protections
Lawmakers cited the unchecked growth of influencer-driven marketing and the scale of scams, aggressive sales tactics, and misleading dropshipping promotions, as the driving force behind the reform. For brands, this means agencies and advertisers are now expected to properly vet each creator’s real reach and influence before signing off on a campaign.
Transparency rules: what sponsored content must disclose
Any business working with a French influencer needs their campaigns to comply with strict disclosure requirements. Under Article 5 of the Influencer Law, failing to clearly signal commercial intent is treated as a misleading commercial practice by omission under Article L.121-3 of the French Consumer Code.
Required disclosures for sponsored content include:
- clear, visible labelling such as #sponsorisé, #partenariat, or #collaboration
- a disclosure whenever an image has been digitally altered to change a silhouette or face
- a disclosure whenever content has been generated or modified using AI
Products and services French influencers cannot promote
Before briefing an influencer, brands should confirm their product, or service isn’t on France’s restricted list. The law bans influencer promotion of:
- alternatives to medical treatment that lack scientific validation
- nicotine-containing products, regardless of quantity
- certain financial products (e.g. crypto-assets, ICOs) unless the advertiser holds an AMF (Autorité des Marchés Financiers) visa
These restrictions exist to shield consumers, especially younger and more vulnerable audiences, from high-risk commercial practices.
Consumer protection obligations for influencer marketing
French influencers are bound by the same Consumer Code obligations as any other professional seller. Article L.121-1 defines an unfair commercial practice as one that is:
“Contrary to the requirements of professional diligence and which substantially alters or is likely to substantially alter the economic behaviour of the reasonably well-informed and reasonably observant and circumspect consumer.”
For brands, this means influencer partnerships must be built on loyalty and transparency — not just creative appeal.
Dropshipping and influencer marketing: a legal risk area
Dropshipping, where an influencer promotes a product while a third-party supplier manages fulfilment, is increasingly common, but also increasingly scrutinized. The core legal risk is that consumers often aren’t told a dropshipping model is being used at all.
According to a French DGCCRF investigation, two categories of illegal dropshipping practice are most common:
- Deceptive marketing practices, including:
- false or ambiguous claims about product availability
- fake quality labels or false claims of origin
- fictitious “promotional” pricing or prizes
- confusion over the real identity of the seller
- Breaches of distance-selling rules, including:
- missing mandatory pre-contractual information (seller identity, legal guarantees, right of withdrawal)
- non-compliance with contractual formalities (no clear “obligation to pay,” no durable-medium confirmation)
Businesses using influencer-led dropshipping campaigns in France must proactively check legal compliance. The penalties, outlined below, apply regardless of who manages fulfilment.
Who is legally liable when an influencer campaign goes wrong?
This is one of the most important points for brands to understand. Under Article 6 of the Influencer Law, an influencer can be held automatically liable to consumers even if they never handle delivery themselves:
“Persons whose activity is limited to the sole marketing of products, and who do not take charge of delivery, shall be liable to the buyer by operation of law.”
In practice, this means an influencer cannot avoid responsibility simply because a supplier managed logistics. If a product isn’t delivered, doesn’t match its description, or was promoted using false claims, the influencer and by extension, the brand behind the campaign, can face consumer legal action.
To reduce liability exposure, influencers (and the brands briefing them) should:
- verify the legality and reliability of every promoted product
- clearly communicate the terms of sale to the audience
- confirm the supplier honours consumer rights (withdrawal periods, delivery timelines, product compliance)
Penalties for non-compliance with French influencer law
The DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Control) enforces the Influencer Law. Businesses and creators found in breach face:
- up to 2 years in prison and a €300,000 fine for serious offences such as misleading commercial practices
- removal or blocking of content, and temporary bans from platforms
- a court-ordered obligation to produce and distribute a public warning video about risky practices (e.g. high-risk investments, “get rich quick” promises)
How France compared to other EU markets
Germany and Spain also require transparency in commercial social media content, but France’s framework goes further, actively penalizing non-disclosure and making influencers legally responsible for the products they promote. Any business running pan-European influencer campaigns should treat the French market as the compliance benchmark, not the exception.
What must be in an influencer contract in France
Contracts between an influencer and an influencer agent are void, meaning legally unenforceable, unless they include, at minimum:
- The identity, contact details, and tax residence of both parties
- A clear description of the mission/deliverables
- Compensation details; cash payment, calculation method, or the value and terms of any benefit in kind
- Rights and obligations of each party, including intellectual property terms
- Confirmation the contract is governed by French law (Consumer Code, Intellectual Property Code, and the Influencer Law) where the campaign targets a French audience
Since the 2023 law, obligations have tightened further, including alignment with ARPP (Professional Advertising Regulatory Authority) standards.
Working with influencer agencies in France: what to check first
UK and international SMEs often work through a communication agency that brokers the relationship between brand and influencer. Before signing with one:
- Scrutinize the agency’s full terms of business
- Check the agency’s professional reputation and track record
- Be alert to agencies that quietly encourage direct brand–influencer contact, only to later claim damages for “cutting them out” of a deal they had no real involvement in
Key takeaway for brands and agencies
France’s influencer marketing laws are among the toughest in Europe, and liability can extend well beyond the influencer to the brands and agencies behind a campaign. Any business planning to work with French influencers should have their contracts and campaign materials reviewed by a French-qualified lawyer before launch.
