France: groundbreaking influencer law modified following EC and industry concerns

The French government issued an ordinance on November 6, 2024, to modify the country’s Influencer Marketing Law, which was enacted in June 2023.

The modifications impact two key areas of the 2023 law: labelling requirements for commercial posts become more flexible, and the application of the French law to all European creators systematically has been repealed. 

Under the first iteration of the law, #publicité and #collaborationcommerciale were the only two transparency labels permitted; now, creators may use labels as long as they are “clear, legible and understandable” or an “an equivalent statement adapted to the characteristics of the influencing activity and the format of the communication medium used”.

The ordinance also clarifies Article 9 of the law to specify that it applies to creators working as commercial influencers and targeting a French audience. Creators and influencers targeting French audiences who live outside the European Union, Switzerland or the European Economic Area must designate a legal representative in the EU to guarantee contracts and compliance with the law.  

‍Why is this happening? 

The modifications to France’s influencer marketing law follow advice from the European Commission (EC) that the law contradicted the Digital Services Act, and complaints from industry players that it lacked clarity at an operational level. 

Passed unanimously by the French parliament, the French laws introduced a range of provisions aimed at curbing nefarious activities by social media influencers, their agents and some brands. 

It introduced legal definitions for “commercial influencer” and “influencer agent”, set out clear rules for labelling content and contractual obligations for influencer partnerships, and banned certain industry sectors from using influencer marketing. 

The influencer marketing law also obliged social media platforms to create mechanisms for users to report illegal content and to make public reports on content moderation efforts. 

The modifications announced in November 2024 must be ratified by Parliament within three months, and aim to bring the law into compliance with EU law. 

The French government notified parliament in November 2023 of its intention to modify the law. The move followed advice from the European Commission (EC) that it contradicted the Digital Services Act, and complaints from industry players that it lacked clarity at an operational level.

Passed unanimously by the French parliament in June 2023, the French laws introduced a range of provisions aimed at curbing nefarious activities by social media influencers, their agents and some brands.

It introduced legal definitions for “commercial influencer” and “influencer agent”, set out clear rules for labeling content and contractual obligations for influencer partnerships, and banned certain industry sectors from using influencer marketing.

The influencer marketing law also obliged social media platforms to create mechanisms for users to report illegal content and to make public reports on content moderation efforts.

Under the changes announced last week, articles 1, 4, 5, and 9 relating to the definition of commercial influence, restricted sectors, labeling requirements, and influencers located outside France have been modified.

Sections of the law targeting social media platforms will be thrown out completely.

Although broadly supportive of the law’s intent, complaints by French influencer marketers and creators about a lack of clarity, and the impracticalities of implementing the law have intensified in recent months.  

Among key areas of concern: thresholds for gifting disclosure requirements, unclear fiscal and contractual obligations, and the complexity of regulating French influencers operating outside France.  

Meanwhile in August, the EC advised the French government that the sections of the law pertaining to large digital platforms, social media networks and e-commerce encroached on EU regulations. The EC also complained the French had failed to allow enough time for it to review the law before it was enacted.

In response, the French government piggybacked the influencer marketing law to a new   parliamentary bill to adapt law to the EU, enabling it to modify the text by ordinance.