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Introduction
In 2023 France did something no country had done before: it wrote influencers into law. Not guidelines, not a voluntary code, actual legislation with prison sentences attached. If you run campaigns that reach French audiences, this is not optional reading, because the penalties for getting it wrong run to six figures.
Here is what the law requires, what it bans, what it costs to breach, plus crucially how the 2024 reforms changed the picture. Practical and plain, though not a substitute for legal advice.
What the law is
The headline act is French Law No. 2023-451 of 9 June 2023, created to prevent scams and abusive practices by influencers on social media. It made France the first country in the world to legally define what an influencer is and to build a full regulatory framework around commercial influence, covering Instagram, TikTok, YouTube and Twitch alike.
The core move was to place influencers squarely under the French Consumer Code. That means a sponsored post is treated as regulated advertising, with the same transparency duties as any other ad. The law was driven partly by hard evidence of a problem: the country's consumer-protection bureau, the DGCCRF, found that roughly six in ten influencers were not following existing rules.
The core requirements
The law's obligations fall into a few clear duties. These are the ones that affect day-to-day content.
| Requirement | What it means in practice |
|---|---|
| Disclose paid content | Label sponsored posts clearly with terms like "publicite" or "collaboration commerciale" |
| Make it prominent | Show the label in French as a visible banner, not buried in a caption or a single hashtag |
| Keep it visible | The disclosure must remain visible throughout the whole promotion |
| Disclose filters | Flag when a face or body has been digitally altered or an AR filter applied |
| Share liability | Contracts should assign disclosure responsibility to both brand and creator |
Sources: Bird & Bird, Kolsquare, TIME, The Drum. Summary only, confirm exact wording with counsel.
Banned and restricted products
Beyond disclosure, the law restricts what creators can promote at all. Some categories are banned outright, others allowed only with warnings.
- Cosmetic surgery: banned. Influencers may not promote cosmetic surgery procedures.
- Certain financial products: banned or tightly restricted, including cryptocurrencies and other high-risk financial services.
- Counterfeit goods: banned. Promoting counterfeit products is prohibited.
- Gambling and betting: permitted only with a mandatory informational banner warning about the risks.
The thread running through the list is consumer protection, particularly shielding younger and more vulnerable audiences from high-risk or harmful promotions. If your product sits anywhere near these categories, get legal sign-off before any French campaign.
The penalties
Failing to properly disclose sponsored content can be treated as a misleading commercial practice, carrying fines of up to 300,000 euros and, in serious cases, as much as two years in prison. Because liability can fall on the influencer and the brand, both parties carry real exposure, which is exactly why disclosure duties now get written explicitly into contracts.
Enforcement is not theoretical either. Since the law took effect there have been numerous sanctions for deceptive commercial practices. Platforms have also tightened their monitoring to match the legal standard.
What changed in 2024
The original 2023 law drew heavy criticism for being unclear and impractical. The European Commission also flagged that parts of it clashed with the EU Digital Services Act. So France amended it.
A government ordinance of 6 November 2024 modified the law in two important ways. First, the labelling requirements for commercial posts became more flexible, easing some of the strict formatting creators had complained about. Second, the systematic application of French law to all European creators was repealed, narrowing the cross-border reach to align with the DSA. The intent of the law stayed intact, transparency and consumer protection, yet the operation became more workable and more EU-consistent.
Who it applies to
This is where many brands get caught out. The law is not limited to French nationals.
It centres on the concept of the for-profit commercial influencer and on whether content targets users in France. A creator based abroad, in Canada say, who posts in French and regularly collaborates with French brands, can fall under French rules because their content reaches a French audience. The 2024 reform narrowed the automatic application to all EU creators, yet targeting French consumers still brings you into scope. The practical takeaway: if your campaign reaches France, assume French rules apply and disclose accordingly.
A compliance checklist
The practical steps to stay on the right side of the law, in order.
- Label every sponsored post clearly, in French, as a visible banner that stays up for the whole promotion.
- Disclose any filter or digital edit applied to a face or body.
- Screen the product against the banned and restricted list before you brief a creator.
- Write disclosure and liability duties into every influencer contract, for both sides.
- Treat affiliate links and discount codes as commercial content too, the relationship must be disclosed even when payment depends on clicks or sales.
- If your content reaches French audiences from abroad, apply the same standards rather than assuming you are exempt.
How this fits with Flinque
Compliance with this law is a legal and contractual job. Proper counsel is irreplaceable for it. But every compliant French campaign still starts with the same practical step: choosing creators you can trust to follow the rules and represent your brand cleanly. A creator with a fake audience or a careless approach to disclosure is a liability in a market this regulated.
With Flinque you can search 10M+ verified creators by niche and region to build a French-market shortlist, run a fake follower check, then benchmark engagement so you start from a base of credible, real creators. Pair that with a strong contract and legal review, then read our guide to French influencer agencies if you want a partner who handles compliance end to end.
This guide is a general summary for information only and is not legal advice. The law and its interpretation evolve, so consult a qualified French lawyer before relying on any point here for a real campaign.
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Try Flinque free →Common questions
What is the French influencer law?+
It is French Law No. 2023-451 of 9 June 2023, designed to prevent scams and abusive practices by influencers on social media. It made France the first country in the world to legally define an influencer and create a regulatory framework for commercial influence, covering platforms like Instagram, TikTok, YouTube and Twitch. It places influencers under the French Consumer Code and sets clear disclosure and content rules.
What does the French law require influencers to disclose?+
Two main things. First, the commercial nature of any sponsored content, using clear terms like 'publicite' (advertising) or 'collaboration commerciale,' shown prominently in French and visible throughout the promotion as a banner, not just buried in a caption. Second, the use of filters or digital manipulation of a face or body in images, so audiences know when an image has been edited.
Which products are banned for French influencers to promote?+
The law bans or tightly restricts several categories: cosmetic surgery, certain financial products and services including cryptocurrencies, plus counterfeit goods. Promotions involving gambling or betting are allowed only with a mandatory informational banner about the risks. These restrictions exist to protect consumers, especially younger audiences, from high-risk or harmful promotions.
What are the penalties for breaking the French influencer law?+
They are serious. Failing to properly disclose sponsored content can lead to fines of up to 300,000 euros and, in serious cases, as much as two years in prison, alongside being treated as a misleading commercial practice. Liability can fall on both the influencer and the brand, which is why contracts now routinely assign disclosure responsibility to both parties.
What changed in the 2024 reform?+
A French government ordinance of 6 November 2024 modified the 2023 law in two main ways. Labelling requirements for commercial posts became more flexible. Separately, the rule applying French law systematically to all European creators was repealed. The changes were made to align the law with the EU Digital Services Act after the European Commission raised concerns and creators complained about a lack of clarity.
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