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Influencer marketing laws: what brands need to know in 2026
In France, since the law of 9 June 2023, the brand is responsible alongside the creator for what is published. Here are the essentials to check before each collaboration, wherever you operate.
The law in brief
Law no. 2023-451 of 9 June 2023 regulates commercial influence in France. It applies as soon as a creator promotes a product or brand in exchange for payment or a benefit, even a gifted product. It also applies to creators based abroad who target a French audience.
Three ideas to remember: be transparent, don’t promote certain products, and put the collaboration in writing. The brand and the creator are jointly liable: if the content breaks the law, the brand can be penalised too.
Important: this guide summarises the law to help brands get organised. It doesn’t replace a lawyer’s advice on your situation.
Mandatory disclosures
- “Publicité” or “Collaboration commerciale” (advertising / commercial collaboration): clear, readable and visible for the whole duration of the content, not just in the caption.
- “Image retouchée” (edited image): as soon as a filter or retouch changes the face or body shape.
- “Image virtuelle” (virtual image): for a face or body created by artificial intelligence.
Include these disclosures in the brief and check them before publishing.
Banned or restricted products
The law notably bans influencers from promoting cosmetic surgery and procedures, therapeutic abstention, nicotine products, non-domestic animals and sports betting tip subscriptions.
Other sectors are restricted: gambling can only be promoted on platforms that exclude minors, and crypto-assets and financial products only for authorised providers. Unproven health claims are banned.
The written contract
Since 1 January 2026, a written contract is mandatory from €1,000 excl. VAT in fees and benefits in kind over a year, for the same promotional goal. It must specify, among other things, the deliverables, the fee, the rights to the content and compliance with transparency rules.
Even below this threshold, a contract avoids misunderstandings about deadlines, revisions and usage rights.
The checklist before each post
- The collaboration disclosure is included in the brief.
- The product is not banned from promotion.
- Product claims are true and backed by evidence.
- Retouches and AI images are labelled.
- A written contract is signed if the €1,000 excl. VAT threshold is reached.
- Reuse rights are in writing.
- The brand reviews the content before publishing.
Check your collaborations in two minutes with our influencer disclosure checklist.
And in other countries?
Rules differ elsewhere, but the transparency principle applies almost everywhere: sponsored content must be identifiable as such. In the UK, the ASA and the CMA expect a clear upfront “Ad” label. In the US, the FTC requires a clear and conspicuous disclosure of any material connection, such as #ad or “paid partnership”. In the UAE, influencers doing paid promotion need an advertiser permit from the UAE Media Council. Platforms (Instagram, TikTok, YouTube) also have their own “paid partnership” labelling tools.
Frequently asked questions
Can a brand be penalised for an influencer’s content?
Yes. In France, the law makes the advertiser and the creator jointly liable for content published as part of their collaboration. Regulators in the UK and the US also hold brands responsible for the endorsements they commission.
Does influencer law cover gifting?
Yes. A gifted product is a benefit in kind: the content must carry an ad or commercial collaboration disclosure.