FRANCE Law and Practice Contributed by: Marianne Le Moullec, Gaëlle Robic and Joséphine Perrin, Orasis Avocats
Regulation of the Downstream Relationship Between Influencers and Consumers The consumer must be informed of the identity of the supplier, and the influencer is responsible for the proper performance of the sale contracts. This is to limit the practice of “drop shipping”. The commercial nature of the message must be clearly indicated by a banner stating “advertisement”, “spon - sored” or “commercial message” during the entire duration of the video. Altered pictures must be labelled as “retouched imag - es”, and content created using artificial intelligence must be accompanied by the words “virtual images”. Prohibited Sectors for Commercial Influencers Promotion of the following is prohibited: • plastic surgery; • products alternative to medicine; • products containing nicotine; • certain high-risk financial products, including cryp - tocurrencies; • wild animals; and • subscriptions to sport betting counsel and predic - tions. The promotion of professional training courses and any sport betting are strictly regulated. 5.5.2 Advertiser Liability for Influencer Content Advertisers may be held liable for commercial spon - sored content posted by their influencers if such con - tent constitutes an unfair commercial practice. There is no legal obligation for an advertiser to monitor its influencers but, due to the risks involved, it is recom - mended. In addition, since a written contract between the influencer and its brand is compulsory, the obliga - tions of the influencers concerning the veracity and loyalty of their messages should be clearly outlined. The ARPP has created a “certificate of responsible commercial influence”, which shows that the influ - encer has following training sessions on legal and ethical rules.
development of voluntary standards to define “promi - nent markings” for advertisements and commercial communication. 5.4 Requirements for Use of Social Media Platforms There are no laws prohibiting access to any of the major social media platforms in France, although the French government announced in 2025 that it is in favour of a law prohibiting access to social media plat - forms for children below 15 years of age. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns Influencer campaigns are regulated by the French Act of 9 June 2023, which was amended on 22 November 2024 to ensure compliance with EU law. It follows a series of frauds committed by influencers regarding their promotions of bitcoins, fraudulent professional training courses, miracle treatments for cancer, etc. Influencers are defined as natural or legal persons who, for remuneration, use their notoriety among their audience to communicate to the public, via social media, to promote goods, services or any cause what - soever. Regulation of the Upstream Relationship Between Advertisers and Influencers, and Between Influencers and Their Agents A written contract must be drawn up between the influencer and an advertiser (or its agency) specifying the identity, mission, remuneration, rights and obliga - tions of each party. The contract shall be subject to French law if the influencing activities are targeting an audience in France. A similar contract must be drawn up between the influencer and its own agent repre - senting him or her against remuneration. If they are targeting the French public, influencers based outside of the EU need to have a legal repre - sentative in the EU, as well as civil liability insurance in Europe.
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