Law no. 2023-451 of June 9, 2023, known as the “Influence Law”, has redefined the legal framework in France. Would you like to develop your brand or e-commerce throughinfluence marketing? Understanding and integrating these new obligations is no longer an option, it’s a necessity.
With 10 years’ experience in affiliation and influencer marketing, Casaneo explains the obligations of influencers in influencer marketing. Adopt the best practices now to guarantee ethical, transparent and legally compliant collaborations.
Influencer obligations in influencer marketing: what does the Influence Act say?
Law no. 2023-451 is French legislation designed to regulate and professionalize the influencer marketing sector. It establishes a clear legal framework for influencers, brands and social platforms.
Its main objective? To protect consumers against abuses, misleading commercial practices and illegal content.
- Mandatory transparency of partnerships
- Impose promotional bans on certain products (cosmetic surgery, unregulated gambling, etc.).
- Reinforces the responsibility of all players involved (brands, influencers, platforms)
It helps to clean up the market by encouraging ethical and responsible collaboration.
Has the application of the Influence Law already had an impact?
Yes, the first few years of application of the Influence Act have already produced significant results and noticeable trends.
DGCCRF investigation
The investigation carried out by the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) has already borne fruit. In 2024, it revealed that influencer compliance had improved significantly.
Over 70% of the influencers inspected corrected their practices following an injunction. The most frequent infringements continue to be a lack of transparency on commercial collaborations and the promotion of prohibited or regulated products.
ARPP figures 2024-2025
ARPP’s Responsible Influence Certificate has become a de facto standard for professional collaborations. In 2024, the number of certified influencers tripled compared to the previous year. This number reached several thousand in influencer marketing. Reports of breaches of the ARPP Code fell by 15% for members.
What impact will this have on the market?
According to several market studies, the majority of brands now prefer certified and transparent influencers. The law has led to an upmarket approach to partnerships and a reduction in micro-fraud.
The social platforms themselves have integrated new functionalities to facilitate the reporting of sponsored content. This is the case, for example, with the “paid partnership” tool on Instagram or TikTok.
What are the penalties for non-compliance?
The application of the Influence Act is reflected in concrete actions. Numerous significant sanctions deter fraudulent behavior.
Since the law came into force, several influencers have been heavily penalized, with fines and bans from practicing. French courts have handed down rulings that set important legal precedents.
In 2023, for example, Poupette Kenza was fined a settlement. She had promoted tooth whitening strips from the American brand Crest, which are banned in France.
Another ruling sanctioned an influencer agency and the influencer for promoting sports prediction services without ANJ (Autorité Nationale des Jeux) approval. The court emphasized the shared responsibility and the need to verify the legality of the services promoted.
What about European legislation?
France is not isolated in its approach. It is part of a European movement to regulate commercial influence.
In the European Union, the Digital Services Act (DSA), in force since 2024, is aimed primarily at the major platforms. The latter strengthens transparency obligations for advertising content, regardless of the country of the advertiser or influencer.
In particular, the DSA obliges platforms to provide researchers and regulators with access to advertising data (ad repositories). The French law is a national complement to the European framework.
In Germany, the Telemedia Act (Telemediengesetz) also requires clear mention of commercial collaborations. However, case law has been more flexible on the distinction between “advertising” and simple “recommendation” if the brand offers products free of charge without direct remuneration.
France has chosen a stricter approach. The country considers any quid pro quo to be a declarable commercial partnership.
How can we ensure that influencer partnerships are compliant?
As a brand or an online store owner, it’s important, even essential, to adopt rigorous practices for your influencer marketing campaigns.
To ensure your compliance and preserve your reputation:
- Formalize your collaboration. Draw up a written contract that clearly defines the obligations of each party, the nature of the assignment and the remuneration.
- Ensure transparency. Require the influencer to use clear tags such as #Advertising or #CommercialCollaboration, and make sure these tags are visible.
- Check legality. Make sure that the products or services promoted by the influencer are not illegal or prohibited from advertising by current legislation.
- Guarantee veracity. Also make sure that claims made about products or services are accurate and not misleading to the consumer.
- Control and document. Validate content before publication and keep proof of collaboration (contracts, exchanges, publications) for compliance purposes.
The Influence Act marks a major turning point! It protects consumers and promotes ethical and responsible practices in influencer marketing. It’s legislation that benefits everyone, by cleaning up the market and boosting confidence.
Stay compliant and secure your collaborations with Casaneo.
