The influencer law is evolving!

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Influencer marketing has established itself as an essential lever in brand strategies, at the global level. However, the lack of a clear legal framework has often led to excesses, putting consumers at risk and creating a fuzzy zone for influencers and brands. Since June 9, 2023, France has introduced a law to regulate influencer marketing to offer better protection to consumers and establish clear rules for commercial collaborations. At the European level, a regulation specific to the profession of influencer could also be introduced soon, thanks to the draft ordinance discussed in July 2023. This article explores the main elements of this legislation, its implications for influencers and brands, and the future of influencer marketing regulation in Europe.

The key points of the law of June 9, 2023 in France

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The law of June 9, 2023 marks a significant advance in the framework of influencer marketing in France. Its main objective is to protect consumers while providing influencers and brands with a clear legal framework for their commercial activities. Here are the key elements of this legislation.

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The definition of commercial influence

One of the first points addressed by this law is the definition of commercial influence. This concept covers any form of communication by an influencer aimed at promoting a product, service or brand in exchange for remuneration or benefits in kind. By clarifying this definition, the law seeks to limit unclear practices and to ensure that influencers respect the rules of transparency towards their audiences.

This definition applies not only to influencers residing in France, but also to those operating outside the European Economic Area. This means that anyone seeking to promote products or services on the French market, regardless of where they live, is required to respect the guidelines of the law.

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The transparency of commercial collaborations

Transparency is a fundamental pillar of the law of 9 June 2023. It requires influencers to explicitly mention when they are collaborating with a brand for sponsored content. Previously, only the terms “advertising” or “commercial collaboration” were accepted to indicate a business relationship. With this law, any equivalent mention is now authorized, allowing influencers to use terms adapted to their audience and communication style, as long as the commercial nature is clear.

This requirement aims to protect consumers by allowing them to easily identify sponsored content. Transparency in collaborations contributes to strengthening trust between the influencer and their audience, while ensuring a more ethical and informed consumer environment.

Shared responsibility and contractual obligations

The law also imposes specific contractual obligations between influencers, brands, and agents. This requirement includes the formalization of contracts for any commercial collaboration, specifying the responsibilities of each party. In addition, the law introduces the concept of joint responsibility: influencers, brands and agents are jointly responsible for complying with transparency and compliance standards. In the event of non-compliance, all parties involved can be held responsible, thus increasing rigor in the influencer marketing sector.

This shared responsibility encourages each actor in the chain to comply with legal requirements, thus minimizing the risks of abuses and deceptive practices. For brands, this provision encourages them to better choose their partners and to ensure the credibility and professionalism of the influencers with whom they collaborate.

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Towards unified regulation at European level

While France is a pioneer with its law of June 9, 2023, the European Union is also considering strengthening the regulation of influencer marketing on a continental scale. This European harmonization would allow influencers and brands to better navigate the different markets of the Union by respecting a common set of rules. The draft ordinance proposed in July 2023 thus marks a crucial step in the evolution of this legislation.

The role of the Digital Services Act (DSA) and current limitations

The Digital Services Act (DSA), which came into force in 2022, represents a first step in the regulation of online platforms in Europe. The DSA imposes increased responsibilities on major platforms, such as TikTok and Instagram, when it comes to content moderation and user protection. However, this regulation remains focused on the platforms themselves and does not directly address the role of influencers as commercial actors. In this sense, the DSA provides a basis, but it leaves a regulatory void when it comes to controlling influencer marketing practices and the responsibility of content creators.

It is to fill this gap that the European Commission announced its intention to develop a regulation specific to influencer marketing. The objective is to establish a common framework to harmonize the obligations of influencers and brands throughout the Union, based on the French model while adapting certain provisions to the realities and needs of different European countries.

The draft ordinance: a European adaptation of French law

In July 2023, France received a draft ordinance aimed at adapting the law of June 9, 2023 to European requirements. This adaptation provides for several adjustments intended to align French regulation with European directives, thus facilitating cross-border collaborations for influencers and brands.

One of the notable changes is the removal of the requirement to use only the terms “advertising” or “commercial collaboration” to indicate sponsored content. According to the draft, any equivalent mention would now be acceptable, as long as the commercial nature of the content is clearly indicated. This flexibility aims to allow influencers to better communicate with their audience without compromising transparency.

In addition, the European ordinance would maintain shared responsibility requirements between agents, advertisers and influencers, but could incorporate additional obligations for platforms. This would ensure that all parties involved, including the platforms themselves, are actively involved in meeting transparency and compliance standards.

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The benefits of harmonized regulation for influencers and brands

Unified regulation at European level offers numerous advantages for influencers and brands. For content creators, this means that they will no longer have to adapt to different rules depending on the countries in which they operate, thus simplifying their commercial collaborations and broadening their scope of action. Brands, for their part, will be able to collaborate more easily with influencers from different countries without having to navigate between national laws that are sometimes contradictory or too specific.

This harmonization would also contribute to strengthening the credibility of influencer marketing in Europe. By standardizing transparency and accountability standards, European authorities hope to create a climate of greater trust between consumers and content creators, while minimizing abusive practices. Unified regulation can thus help to raise the influence sector to the rank of profession recognized and respected throughout the European Union.

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The impacts of European law and regulation on the influencer marketing sector

The establishment of specific legislation in France, followed by European harmonization, is redefining influencer marketing practices by imposing clear standards. These new regulations are profoundly changing the behaviors of influencers, brands, and platforms, and leading to significant changes in commercial relationships.

An increased professionalization of the influencer profession

The regulation of influencer marketing pushes influencers to professionalize their approach. Now, content creators must not only meet transparency standards, but also formalize their business relationships through contracts. This involves clarifying the expectations, responsibilities and obligations of each party, thus promoting greater rigor in collaborations.

For influencers, this professionalization allows them to strengthen their credibility and ensure a stronger relationship with their audience. Creators are increasingly considered experts or professionals in their respective fields, and compliance with legal standards is becoming a guarantee of seriousness for their community and business partners.

More structured commercial partnerships for brands

For brands, this regulation is both a challenge and an opportunity. On the one hand, they must ensure that their collaborations with influencers are in compliance with the laws in force, which may require adapting their marketing strategies. This also means that brands must be extra vigilant in choosing their partners, making sure to select influencers who are able to meet the transparency and ethical requirements imposed by law.

On the other hand, this regulation allows brands to operate within a more stable and predictable legal framework. By working with influencers who comply with standards, they strengthen their brand image with consumers, showing that they are committed to ethical and responsible business practices. Thus, regulation offers brands the opportunity to establish quality partnerships with professional influencers and to gain trust with their target audience.

An environment of trust and transparency for consumers

One of the major objectives of this regulation is to strengthen consumer confidence in sponsored content. With strict transparency standards, consumers can more easily identify commercial content and make informed choices. By allowing a better understanding of the motivations behind each publication, this regulation reduces the risk of deception and protects consumers from abusive commercial practices.

This legal framework also promotes the accountability of influencers and brands, thus helping to limit deceptive practices, such as false reviews or product promotions without expertise. In the end, this increased transparency improves the quality of interactions between influencers and their audience, while strengthening the credibility of promotional content.

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Conclusion

The evolution of legislation on influence marketing, first in France with the law of June 9, 2023, and then at the European level, marks an essential step in the professionalization and accountability of the sector. These regulations provide a clear framework that allows influencers, brands, and platforms to collaborate in a more transparent and ethical manner. For influencers, this represents an opportunity to give credibility to their profession by adopting rigorous professional practices. Brands, on the other hand, benefit from a more stable environment and can build partnerships with confidence, knowing that standards of transparency and accountability are in place.

On the consumer side, these laws strengthen protection against deceptive practices, allowing them to better understand the commercial intentions behind the content and to make more informed choices. The proposed European regulation could, in the coming years, harmonize these standards and simplify cross-border collaborations, further strengthening trust in the influence sector.

In conclusion, this new legislative era is not limited to framing influencer marketing; it contributes to elevating the sector by establishing quality and ethical standards, thus promoting a more balanced relationship between creators, brands and consumers.