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Commercial collaborations & Influencer advertising
Commercial collaboration - Strict regulation for greater transparency: the law of 9 June 2023 makes it possible to regulate influencer advertising: online activity through commercial influence is booming.
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Commercial collaboration - Strict regulation for greater transparency: the law of 9 June 2023 makes it possible to regulate influencer advertising: online activity through commercial influence is booming.
With the rise of social media, commercial influence has become a powerful advertising channel.
In response to this, the government adopted Law No. 2023-451 of 9 June 2023 to regulate this online activity. This article gives you details on this crucial law for web agencies and e-commerce sites.
If needed, I can assist you as a lawyer in distribution law.
Framing commercial influence
The law defines commercial influence activity as that carried out by:
“natural or legal persons who, in exchange for remuneration, use their notoriety to promote goods, services or any cause to their audience via electronic channels. This broad definition covers a wide range of activities and platforms.”
Application of online advertising regulations
Article 3 of the law reaffirms that all legal and regulatory provisions, as well as the European regulations relating to the dissemination of advertising, apply to commercial influence activity.
This includes Regulation (EC) No. 1924/2006 of the European Parliament relating to nutrition and health claims, as well as several articles of the Public Health Code, the Consumer Code, the Monetary and Financial Code, and the Sports Code.
Protection of minors and specific limitations
When commercial influence activity is carried out by a person under the age of sixteen, Law No. 2020-1266 of 19 October 2020 applies. The employer must obtain prior individual authorisation from the competent authority. This protects young influencers against exploitation.
In addition, the law sets out several prohibitions such as the promotion of cosmetic procedures, products containing nicotine, animals not listed in Article L. 413-1 A of the Environmental Code, certain financial products and services, subscriptions to sports advice or tips, gambling to users under the age of eighteen, and certain job offers.
Greater transparency and defined responsibilities
Transparency is at the heart of the law.
Any promotion must be clearly indicated as such, with the mention "Advertising" or "Commercial collaboration".
If images are modified or generated by artificial intelligence, they must be accompanied by the mention "Retouched images" or "Virtual images".
When it concerns a promotion for vocational training financed by a specific organisation, detailed information must be communicated. This includes information on the financing, the commitments, the eligibility rules and the training providers.
The law also specifies that influencers are liable towards the buyer. They must provide the buyer with detailed information about the supplier and ensure the availability and legality of the products.
Law No. 2023-451 of 9 June 2023 is a major milestone in the regulation of online advertising and commercial influence.
It protects consumers and establishes a clear framework for influencers, who remain subject to standard French regulations.
Compliance with these rules is not only a legal obligation, but also an opportunity to build a relationship of trust with customers, improve your brand's reputation and promote a fair and ethical commercial practice.
If you would like to find out more, do not hesitate to contact me!
To learn more
What does the law of 9 June 2023 change for commercial collaborations?
It strictly regulates influencer advertising to strengthen transparency. It defines commercial influence, recalls the application of existing advertising rules and imposes obligations on influencers, agencies and advertisers. Collaborations must now comply with this framework, failing which sanctions apply.
Which advertising rules apply to influencers?
Article 3 of the law reaffirms that all legal and regulatory provisions and European regulations on advertising apply to commercial influence. This includes the rules on nutrition and health claims and several codes (public health, consumer, monetary and financial, sports).
How should sponsored content be disclosed?
Transparency is at the heart of the law: commercial content must be clearly identified as such for the audience. The absence of a clear indication of the advertising nature may constitute a misleading commercial practice, which is severely sanctioned. Explicitly indicating the commercial collaboration is therefore imperative.
Are collaborations with minor influencers regulated?
Yes. When the influence is carried out by a person under the age of sixteen, the law of 19 October 2020 applies, with strengthened protections and prior authorisation from the competent authority. Collaborations involving minors must comply with this specific framework.
Which sectors are subject to particular advertising restrictions?
Certain areas are closely regulated or even prohibited from promotion: health products, nutrition claims, financial services, betting and certain regulated products. Promotion by an influencer in these sectors must comply with the applicable codes, failing which the liability of the influencer and the advertiser may be engaged.
Who is liable in the event of unlawful advertising?
Liability may fall on the influencer, the agency and the advertiser depending on the case. The law aims to hold the entire chain accountable. A clear contractual framework setting out each party's obligations is essential to allocate responsibilities and limit risks.
Is a web agency concerned by these rules?
Yes, as soon as it takes part in influence campaigns for its clients. It must ensure the compliance of the collaborations, the transparency of the content and compliance with sector-specific regulations. Mastering this framework is part of securing the campaigns it manages.
How can a commercial collaboration with an influencer be secured?
Through a written contract that complies with the 2023 law, specifying the missions, remuneration, transparency obligations and applicable law, and through compliance with sector-specific advertising rules. Legal support helps to avoid misleading practices and to protect both the advertiser and the influencer.
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