For a long time, influencer marketing relied on informal agreements: a direct message, a brief, a few products sent. Those days are over. The law now regulates commercial influencer activity, and 2026 marks a turning point: authorities are no longer educating, they are monitoring and penalizing. A crucial point for advertisers: responsibility no longer rests solely on the creator. The brand is directly exposed. Here's what the law requires, in concrete terms.

What the influencer law has changed

France was the first country to legally define the status of influencer, with Law No. 2023-451 of June 9, 2023, "aimed at regulating commercial influence and combating the abuses of influencers on social media." The text was amended at the end of 2024 to comply with European law, and then supplemented by Decree No. 2025-1137 of November 28, 2025, which came into force on January 1, 2026.

This decree is the operational trigger for brands: it finally sets the threshold at which a written contract becomes mandatory, and makes the system fully applicable. Marketing departments must now adapt their processes—structured briefs, tracking of allocations, and archiving of contracts become the norm.

Requirement #1 — a written contract is required for amounts over €1,000 excluding VAT

Since January 1, 2026, any influencer collaboration exceeding €1,000 (excluding VAT) must be formalized by a written contract between the advertiser and the creator. This threshold applies per advertiser, per promotional objective, and per calendar year. A simple exchange of emails or a brief is no longer sufficient above this amount.

Beware of the most common pitfall: benefits in kind are included in the calculation. Sending products, inviting people to an event, or offering a trip constitutes compensation that must be quantified and added together. Regular gifting can therefore push a "free" collaboration above the threshold without the brand even realizing it.

The mandatory clauses, under penalty of nullity

• The identity of the parties : postal and electronic contact details, country of tax residence.
• A precise description of the expected influence services.
• The remuneration in cash (or its methods of determination) and the value of benefits in kind, with their conditions of allocation.
• The rights and obligations of the parties, particularly regarding intellectual property — a key point if you intend to reuse the content.
• The application of French law when the campaign targets an audience established in France.

Failure to comply with these terms may render the contract, and therefore the partnership itself, null and void. The transfer of rights deserves particular attention: if you plan to reuse a creator's video in social media advertising (Spark Ads, boosted partnerships), on your website, or in a newsletter, the contract must specify the authorized platforms, the territory, and the duration of the transfer. The brief remains essential for defining the creative scope, but it does not replace the contract.

Obligation #2 — joint and several liability (the real risk for brands)

This is a provision that too many advertisers are still unaware of. The law establishes joint and several liability between the advertiser, the agency, and the influencer for damages caused to third parties during the execution of the contract. In other words: in the event of a lack of transparency or deceptive business practices, an aggrieved consumer can take legal action directly against the brand and claim full compensation.

This joint and several liability is a matter of public policy: any clause that attempts to exclude or limit it with respect to third parties is deemed null and void. In other words, the brand can no longer shift responsibility onto the creator. A recent case illustrates this: an agency was held jointly liable for promoting dropshipped products that did not comply with European standards. A practical solution exists—requiring product conformity certificates before any promotion and including an audit clause in the contract—but it demands a level of rigor that few brands apply on their own.

Obligation #3 — transparency of content

All sponsored content must display a clear and legible label—"advertisement" or "commercial partnership"—identifiable throughout the duration of the promotion, and identifying the brand involved. The brand is liable if this transparency is not respected.

Two specific terms must be added: "Retouched image(s)" for modified visuals (silhouette, skin tone) and "Virtual image(s)" for content generated by artificial intelligence. These requirements must be clearly stated in your brief and contract, and verified upon delivery.

Products prohibited or strictly regulated

The law prohibits or regulates the promotion of certain categories: cosmetic surgery and procedures, certain risky financial products and services (including non-compliant crypto-assets), betting and gambling, medical devices, among others. Sponsoring the promotion of a prohibited product binds the brand in the same way as the creator.

Regulated sectors—healthcare, finance, food, medical devices—require heightened vigilance. This is precisely where multi-sector expertise makes all the difference: the constraints faced by a healthcare advertiser are not the same as those faced by a consumer goods or retail company. So Bang applies this rigorous compliance approach across all its sectors.

Special cases: minors and creators from outside the EU

• Content involving children : a law from February 2024 requires the explicit consent of parents or legal guardians before using a minor in commercial content.
• Influencers based outside the European Union : they must appoint a legal representative domiciled in the EU and take out professional liability insurance with a European company. This must be verified before contracting with a foreign creator.

Penalties for non-compliance

2026 marks a significant tightening of controls. Failures may result in:

• An order to immediately cease the practice, accompanied by a penalty of up to €100 per day of delay.
• A fine of up to €300,000, an amount that could be doubled in case of repeat offences.
• Damages to injured consumers, and the obligation to publish the court decision — the “name and shame” strategy, whose reputational impact often exceeds the fine itself.

How to secure your influencer campaigns

Compliance isn't just a defensive constraint: when managed properly, it protects your brand and professionalizes your collaborations. In practical terms, a secure campaign requires compliant, archived contracts, verified transparency statements upon delivery, audits of promoted products, clear management of reuse rights, and monitoring of an ever-evolving legal framework. This is the role of an influencer agency : to ensure this rigor for you and protect you from joint liability. To place these issues within a broader strategy, see our article on influencer marketing.

This article is for informational purposes only and does not constitute legal advice. Regulations are subject to change; for your specific situation, consult a specialist lawyer and verify the applicable laws.

Frequently asked questions about influencer law

Is a written contract mandatory for all influencer collaborations?

Since January 1, 2026, a written contract has been mandatory for any compensation exceeding €1,000 (excluding VAT) for the same advertiser, for the same promotional objective, and within a calendar year. Benefits in kind (free products, invitations, trips) are quantified and included in this calculation. Below this threshold, a written contract is not required, but it remains strongly recommended to secure the collaboration.

Is the brand responsible if the influencer does not comply with the law?

Yes. The law establishes joint and several liability between the advertiser, the agency, and the influencer for damages caused to third parties. In the event of a lack of transparency or deceptive practices, a consumer can take direct action against the brand. This joint and several liability is a matter of public policy: no clause in the contract allows for its exclusion with respect to consumers.

Does gifting (gifted products) count towards the €1,000 threshold?

Yes. Benefits in kind—such as product shipments, event invitations, and travel—constitute a form of compensation. Their value must be calculated and added to any cash payments to determine if the €1,000 threshold (excluding VAT) is reached. Therefore, a regular gifting program can make a written contract mandatory, even without any cash payments.

Secure your influencer campaigns with So Bang

Between mandatory contracts, joint liability, and stricter penalties, influencer marketing today demands legal expertise as much as creative skill. So Bang, an influencer agency in Paris, structures compliant campaigns for brands across all sectors—FMCG, healthcare, food, retail, B2B—and protects you from the risks that the law now imposes on advertisers. Contact So Bang to secure your next campaign.