French Influencer-Brand Charter — Law 2023-451 DGCCRF

Yes. Article 5 of Law n°2023-451 of 9 June 2023 sets no minimum threshold: the moment any remuneration is paid — even a symbolic amount or a gift in kind such as free products, hotel stays or event invitations — a written contract is mandatory. Decree n°2023-896 of 28 September 2023 specifies the required clauses: full identification of both parties, duration, nature and amount of remuneration, transparency obligations, list of prohibited content categories, and termination terms.

Article 3 of Law n°2023-451 requires a clear, legible disclosure — #partenariatrémunéré ('paid partnership') or #publicité ('advertising') — placed at the very start of the content, before any 'see more' truncation. A hashtag buried in a list of ten tags or hidden below the fold is deemed non-compliant by the DGCCRF. For videos, the disclosure must remain visible throughout the sponsored segment. The ARPP (France's advertising self-regulatory body) additionally recommends specifying the exact nature of the arrangement: gifted product, fixed fee or affiliate commission.

Article 4 of Law n°2023-451 prohibits promoting: crypto-assets and digital assets without an AMF (Autorité des marchés financiers — France's financial markets regulator) visa; cosmetic and aesthetic surgery unless medically prescribed; medicines and medical devices without ANSM (French medicines authority) authorisation; gambling services not approved by the ANJ (French gambling regulator); and products covered by the Loi Évin (alcohol and tobacco). The charter must explicitly reproduce these prohibitions and include an automatic-termination clause if the creator breaches any of them.

Article 7 of Law n°2023-451 establishes joint and several liability (responsabilité solidaire) between brand and creator. If a sponsored post lacks the required #partenariatrémunéré disclosure, the brand faces the same criminal exposure as the creator. Article 9 of the law provides for up to two years' imprisonment and a €300,000 fine for individuals; for legal entities (companies), Article 131-38 of the French Penal Code raises the cap to €1,500,000 — five times the standard maximum. The charter should therefore grant the brand a formal right of review with a minimum 48-hour window before any publication.

Yes. Article 2 of Law n°2023-451 applies the legislation to any creator targeting the French public, regardless of where they are based. An influencer residing outside the European Union who collaborates with a French brand or directs content at a French audience is subject to the same transparency and contractual obligations. The joint liability borne by the French brand under Article 7 makes a properly drafted charter especially important when working with international creators.

All remuneration — fixed fees, gifted products valued at market price, affiliate commissions — is taxable in France as BNC (bénéfices non commerciaux, non-commercial income for freelancers) or BIC (bénéfices industriels et commerciaux, commercial income for traders), depending on the creator's legal status. Since EU Directive DAC7 (2021/514/EU) was transposed by Law n°2022-1726 of 30 December 2022, platforms automatically report to the DGFiP (France's tax authority) service revenues for any creator exceeding €2,000 per year — brand partnerships fall squarely within this threshold. Undeclared income can attract a 40% surcharge for bad faith under Article 1729 of the Code général des impôts (CGI).