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Since June 9, 2023, France's influencer law creates joint liability between the brand, its agent and the influencer for any damage caused to consumers. Here is what this means in practice for marketing and compliance teams working with French YouTube creators.
Before law no. 2023-451, if an influencer published misleading content, responsibility mainly fell on them. Since June 9, 2023, article 7 of the law establishes shared liability between the influencer, their agent (if any) and the advertiser — the brand itself.
In practice: if a YouTube creator you sponsor fails to disclose the partnership, makes misleading claims about your product, or promotes regulated categories without the required disclosures, your brand may be held jointly responsible for the harm caused to consumers.
Article 7, law no. 2023-451: "The advertiser is jointly and severally liable with the influencer for damages caused to third parties in the performance of the commercial influence contract." This applies even if the brand was unaware of the exact content published.
The law lists product and service categories subject to additional requirements for influencer content. For each, specific disclosures, prohibitions or conditions apply on top of the general commercial disclosure requirement.
| Category | Specific requirements |
|---|---|
| Financial products and crypto-assets | Past performance disclaimer required; promotion by unlicensed individuals (non-AMF/ACPR) is prohibited |
| Online gambling | ANJ logo required, addiction warning, adults only; only ANJ-licensed operators may sponsor creators |
| Health products and food supplements | Health claims strictly regulated by EU regulation 1924/2006; any cure claim is prohibited |
| Medical and cosmetic procedures | Advertising for surgical procedures and injections (Botox, fillers) is prohibited under the 2023 law |
| Tobacco, nicotine and vaping | Advertising prohibited under Évin law; extended to vaping products since 2023 |
| Alcohol | Évin law: moderation messages required; minors prohibited; geographic restrictions apply |
| Subscriptions and hidden fees | Actual price and cancellation terms must be disclosed; no false "free" claims |
Key point: If a creator you sponsor publishes content in one of these categories without the required disclosures, your brand may face a formal notice from the DGCCRF (French consumer protection authority), an administrative fine of up to €300,000, and unwanted media coverage.
Article 5 of the law requires that commercial influence contracts be formalised in writing when the consideration exceeds a threshold. The contract must explicitly state the rights and obligations of each party, the nature of products or services being promoted, and the compliance mechanisms for legal obligations.
Each sponsored piece of content must clearly indicate from the outset that it is a commercial collaboration. Article 2 specifies that the disclosure must be "readable, clearly identifiable and understandable by the content's audience" — not buried in hashtags, not placed at the end of the video.
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The audit does not replace legal advice and does not constitute proof of compliance. It documents what is public and flags what warrants verification — conclusions are for your legal team to draw.
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