In short:
- The law of June 9, 2023 regulates commercial influence activity and requires a written contract above 1,000 euros excluding tax per year.
- It requires content to clearly disclose its advertising nature and proscribes the promotion of certain sensitive products.
- It was refined by an update in November 2024, with a deadline of January 1, 2026 for mandatory contracts.
The influencer law refers to the text of June 9, 2023 that regulates, for the first time in France, commercial influence activity carried out electronically. It sets transparency rules, requires a written contract above a certain amount, and proscribes the promotion of certain products or practices deemed sensitive for consumers. This text applies to content creators as well as to brands and agencies that organize influencer campaigns.
What the influencer law of June 9, 2023 says
The text, published in the Official Journal as law n° 2023-451, defines commercial influence activity carried out electronically as the act, for a natural or legal person, of using their notoriety with their audience to promote goods, services or a cause, in exchange for payment or a benefit in kind. It sets three main obligations: a written contract when the value of the partnership exceeds 1,000 euros excluding tax per year, clear transparency about the commercial nature of the content, and a list of products or practices whose promotion is proscribed, as they are considered sensitive for consumers’ health or finances.
The text was then refined by an update on November 6, 2024, which clarified several points of application. An additional deadline took effect on January 1, 2026: beyond that date, the written contract becomes a systematic condition for any influencer partnership exceeding the 1,000 euro threshold.
Who falls under the legal definition of an influencer
The law adopts a deliberately broad definition of an influencer, independent of audience size or platform used. It covers any natural or legal person who uses their notoriety to directly or indirectly promote goods, services or a cause, in exchange for payment or a benefit in kind. A creator with a few thousand followers therefore falls within the scope of the text just as much as a creator followed by several million people.
The text also extends its reach to the agents and agencies who represent influencers, as well as to the advertisers who pay them. This extension subjects to the same obligations any intermediary that actually negotiates and structures the commercial partnerships, including when it presents itself as a mere technical provider. For a brand, this also means knowing which marketing persona an influencer’s audience matches before signing a contract, so that a partnership compliant with the law also reaches the right audience.
The mandatory written contract above 1,000 euros
As soon as the combined value of a partnership, in money or in kind, exceeds 1,000 euros excluding tax per year for a single objective, a written contract becomes mandatory between the advertiser and the influencer. This threshold is assessed on the total value of the collaboration, which includes products given for free in addition to any cash payment.
The law lists several clauses that this contract must mandatorily include: the full identity of both parties, a precise description of the assigned missions, the amount or nature of the payment, the rights attached to the content produced, and the application of French law to the partnership, even when one of the parties is based abroad. A complete contract, bringing together all of these clauses, protects both parties from requalification or sanction.
Transparency obligations for sponsored content
Promotional content must clearly and legibly disclose its commercial nature, for example through an explicit label such as advertising or paid partnership, or through the disclosure tools built into the platforms themselves. This obligation applies to any format, whether a post, a video or ephemeral content.
The main social platforms now offer native labels to flag a paid partnership or sponsored content, which makes compliance easier directly within the app. This disclosure must remain visible from the very start of the content and stand out clearly, at the top of even a long description, to achieve its purpose of immediate transparency for the audience. This transparency requirement echoes the principles of content marketing, where audience trust drives the long term performance of a piece of content, whether sponsored or organic.
How the law has evolved since 2023
The 2023 text has evolved since its adoption: several successive deadlines have refined its application.
| Date | Development |
|---|---|
| June 9, 2023 | Adoption of law n° 2023-451, the first legal framework for commercial influence |
| November 6, 2024 | Major update to the text, clarifying several points of application |
| January 1, 2026 | Systematic entry into force of the written contract for any partnership above 1,000 euros excluding tax |
This step by step progression reflects a desire to give industry players, agencies and creators alike, time to bring their existing practices into compliance, with a framework rolled out gradually. It also gives brands a predictable timeline to review their existing influencer relationships and update older partnership agreements that predate the written contract requirement, one collaboration at a time.
What the law changes for brands running influencer campaigns
For a brand, the law turns hiring an influencer into a process that resembles contracting a standard service provider. This means precisely documenting the assigned missions, preparing the mandatory clauses ahead of the campaign, and checking that messages published meet the same clarity requirements as standard advertising content.
This stronger contractualization also pushes brands to select their partners more carefully, by checking beforehand that a creator’s past practices comply with the legal framework, which also protects the brand’s own image. A stricter legal framework actually favors long term collaborations, where both parties know their respective obligations precisely, rather than one off partnerships negotiated under time pressure.
In practice, this often translates into setting up a standard contract template, reviewed once by a legal team and then simply adapted for each new collaboration rather than drafted from scratch every time. Marketing teams working with several creators at once also benefit from centralizing the tracking of these contracts, to quickly check which partnerships exceed the 1,000 euro threshold and therefore require a written agreement, thanks to an overall view rather than manual case by case checks.
Frequently asked questions
What does the June 9, 2023 law change for influencers?
The law regulates commercial influence activity carried out electronically in France for the first time. It requires a written contract above a certain amount, mandatory transparency about the advertising nature of content, and proscribes the promotion of certain products or practices deemed sensitive. It also makes influencers and their agents accountable under French law, even when the platform used is hosted abroad.
Does a partnership worth more than 1,000 euros require a written contract?
Yes. As soon as the total value of a partnership, in money or in kind combined for a single objective, exceeds 1,000 euros excluding tax per year, a written contract becomes mandatory between the advertiser and the influencer. Below that threshold, the arrangement can remain informal, but a written agreement is still advisable to clarify both parties’ expectations.
What obligations apply to creators of sponsored content?
A creator who promotes a good or service in exchange for payment or a benefit must clearly disclose the commercial nature of their content, follow the rules that apply to the sector being promoted, and limit their promotions to products and practices permitted by the law. These obligations apply regardless of the size of their audience.
Is income from influencer activity taxable?
Amounts and benefits received in exchange for commercial influence activity constitute professional income, subject to income tax and social contributions depending on the creator’s chosen status. A benefit in kind, such as a free product, is also included in this base as soon as it compensates a promotional service.
Does a free product fall within the scope of the law?
Yes, as soon as that product is given in exchange for a promotion. The law counts benefits in kind the same way as a cash payment when assessing whether the mandatory written contract threshold is reached, and when qualifying the existence of a commercial influence activity.
What disclosure must appear on sponsored content?
The content must clearly and legibly indicate its commercial nature, for example through an explicit label such as advertising or paid partnership, or through the disclosure tools built into the platforms themselves. The use of a filter that alters physical appearance must also be disclosed when it accompanies the promotion of a product or service.