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Influencer contracts: What’s changing in 2026

Jan 05, 2026

As of January 1, 2026, agreements between brands and influencers are subject to stricter oversight. For any promotional campaign exceeding €1,000 (excl. tax), a formal written contract is now mandatory. Failure to comply may result in the agreement being declared null and void.

This evolution follows the “Influencer Law” of June 9, 2023, designed to combat deceptive commercial practices and professionalize the sector.

A €1,000 Threshold

The decree of November 28, 2025, clearly establishes the threshold triggering the written contract requirement: €1,000 HT (excl. tax).

This amount includes:

  • Cash remuneration,
  • The fair market value of benefits in kind (gifting/services).

This threshold is calculated annually, covering one or more influence services sharing the same promotional objective.

Why This New Framework?

Commercial influence has grown exponentially. To address past abuses—such as undisclosed ads, lack of transparency, and the absence of clear contractual terms—the legislator aims to:

  • Secure relationships between advertisers, agencies, and influencers,
  • Protect consumers,
  • Clarify the legal obligations of all parties involved.

New Mandatory Contractual Clauses

To be legally valid, all contracts exceeding the €1,000 threshold must include specific mandatory mentions. Without these, the contract is liable to be voided. Required information includes:

  • Full identity of all parties: Contact details (postal and electronic) and country of tax residence.
  • Scope of work: Type of content, targeted platforms, and campaign objectives.
  • Payment terms: The specific amount paid or calculation criteria, plus the value and terms for receiving benefits in kind.
  • Rights and obligations: Particularly regarding intellectual property and content usage rights.
  • Applicable law: French law applies as soon as the activity targets an audience based in France.

These rules apply across all digital formats—social media, blogs, videos, and livestreams—provided the content constitutes commercial influence.

Gray Areas Awaiting Clarification

While the legal framework is becoming clearer, its operational application still raises practical questions for market players. The definition of a “promotional objective” remains open to interpretation: how is it precisely qualified? How should the valuation of a gifted product be integrated? Furthermore, how can annual cumulative totals be reliably tracked when a creator collaborates with multiple brands or various agencies?

On all these points, the UMICC is currently in dialogue with the Ministry of Economy (Bercy) and the Members of Parliament in charge of the “Influencer Law v2.” The goal is to obtain the necessary clarifications to ensure operational compliance that remains consistent for the entire ecosystem.

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