Contracts between brands and influencers more regulated from 2026

In order to combat deceptive commercial practices, the so-called “influencer” law of 9 June 2023 laid down a legal framework with regard to commercial influence.

This law provides for beyond a certain threshold, the contract between an influencer and an advertiser (or agent) must be written and include specific terms and conditions. The decree of 28 November 2025 sets this threshold at €1,000 excluding taxes.

It corresponds to the sum of remuneration paid and value of benefits in kind granted to the influencer by the advertiser in the same year ‘in return for a service or a set of services of commercial influence by electronic means pursuing the same promotional objective’.

What are the terms and conditions to be included in the contract?

Contracts exceeding the threshold of €1,000 must, under risk of being canceled, include the following terms and conditions:

• information on theidentity of the parties the contract (this includes postal and electronic contact details and the country of tax residence);
• the nature of missions entrusted;
• the remuneration of the influencer in cash or the details of its determination, where applicable the value of the benefit in kind (the terms and conditions of its award must be indicated);
• the rights and obligations incumbent on the parties (including in terms of intellectual property rights, where applicable);
• the application of french law to the contract where the latter implements an activity of commercial influence by electronic means aimed in particular at an audience established in France.