Commercial collaboration - Strict regulation for greater transparency: the June 9, 2023 law makes it possible to regulate influencer advertising: online activity through commercial influence is booming.
With the rise of social networks, commercial influence has become a powerful vector for advertising.
In response, the government passed law no. 2023-451 of June 9, 2023 to regulate this online activity. This article brings you details of this crucial law for web agencies and e-commerce sites.
If necessary, I can assist you as a distribution lawyer.
Framing commercial influence
The law defines the activity of commercial influence as that exercised by :
"natural or legal persons who, in return 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 European regulations relating to the dissemination of advertising, apply to the activity of commercial influence.
This includes Regulation (EC) No. 1924/2006 of the European Parliament on 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 the commercial influence activity is carried out by a personunder the age of sixteen, law no. 2020-1266 of October 19, 2020 applies. The employer must obtain prior individual authorization from the competent authority. This protects young influencers from exploitation.
In addition, the law sets out a number of prohibitions, such as the promotion of cosmetic procedures, products containing nicotine, animals not listed in article L. 413-1 A of the Environment Code, certain financial products and services, subscriptions to sports tips or prognoses, 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 marked as such, with the words "Advertising" or "Commercial collaboration".
If the images are modified or generated by artificial intelligence, they must be accompanied by the words "Retouched images" or "Virtual images".
Where the promotion is for a vocational training course funded by a specific organization, detailed information must be provided. This includes information on funding, commitments, eligibility rules and training providers.
The law also specifies that influencers are responsible to 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 June 9, 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 traditional French regulations.
Compliance with these rules is not only a legal obligation, but also an opportunity to build trust with customers, enhance your brand's reputation and promote fair and ethical business practices.
If you'd like to find out more, please don 't hesitate to contact me!
