France publishes new decree defining mandatory contracts for influencer partnerships

LFrance publishes decree clarifying mandatory written contracts between brands and creators, prompting industry criticism over administrative burden.

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France has tightened its regulatory framework for influencer marketing with the publication of a new decree on 3 December 2025. The text operationalises several provisions of the June 2023 Influencers Law, which established the first comprehensive legal definition of influencer activity in France and introduced rules intended to protect consumers from misleading or opaque commercial content.

The decree provides long-awaited clarity on contractual obligations between brands, agencies and creators, formalising the need for written agreements and detailing the minimum information such contracts must contain.

What the decree requires

Under the new rules and starting January 1, 2026, any collaboration exceeding €1,000 excluding tax, whether through direct payment or in-kind compensation, must be governed by a written contract.

The contract must include:

Full identification details for all parties
A clear description of the content or actions expected
The remuneration or method used to determine its value
The rights and obligations of each party
Provisions regarding intellectual property
The applicable law

Failure to comply may result in the contract being declared invalid, with consequences such as the cancellation of the collaboration, the obligation to return payments or gifted products, the loss of usage rights for created content, and potential financial penalties in the event of further breaches.

The measure aims to enhance transparency and legal security in a sector that has expanded rapidly in recent years, often operating with highly variable levels of professionalism.

How the new rules affect creators and brands

The decree marks a shift toward more formalised working conditions for creators. Whereas gifting, small product exchanges or informal arrangements were common, collaborations above the €1,000 threshold will now require administrative preparation and clear documentation.

For creators, this introduces greater legal protection but also additional paperwork, a challenge particularly felt by nano- and micro-influencers operating without management support.

For brands and agencies, the decree brings both clarity and constraints. Campaigns must now be documented more systematically, with more rigorous briefing processes and closer compliance oversight. While this may reduce legal uncertainty, it also limits the spontaneity and speed that often characterise creator partnerships.

Industry reaction: concerns over unnecessary complexity

The decree has triggered criticism from several actors in the influencer ecosystem, who argue that the measure adds unnecessary administrative burden to a sector built on flexibility.

Legal and marketing specialists warn that the requirement for detailed written contracts risks bureaucratising simple, low-value partnerships, potentially discouraging collaborations that rely on quick exchanges or testing formats.

Kolsquare Founder and CEO Quentin Bordage expressed support for the government’s broader intention to structure the market but criticised the decree for introducing unnecessary complexity into what could have been a straightforward system.

The decree confirms a €1,000 (excl. VAT) threshold for mandatory written contracts to be applied globally over 12 months, for the same advertiser and the same promotional objective. This amounts to a framework far more complicated than what industry stakeholders had recommended, Bordage said in his post.

A simple per-transaction threshold would have been sufficient, Bordage said. Instead, the decree requires creators and brands to accumulate all amounts over a one-year period, differentiate each collaboration by its promotional objective, and identify who the true “advertiser” is.

“Take the example of a multi-brand group. Each of its brands can be considered an advertiser, so how do we accumulate? By brand? By group? By legal entity? The same headache applies to communication agencies that organise gifting (sending free products): it will be necessary to systematically trace back to the final advertiser,” commented Quentin Bordage.

Industry players note that while the decree represents significant progress in terms of legal security, reducing uncertainty and clarifying responsibilities, its implementation could be challenging for small creators and early-stage brands lacking dedicated legal resources.

Many suggest that the added administrative load may limit spontaneous activations, rapid product tests and small-scale collaborations, all key drivers of creativity and performance in the influencer economy.

A sector seeking balance

The publication of the decree is a decisive step in the professionalisation of influencer marketing in France. By formalising the contractual relationship between brands and creators, the government aims to strengthen transparency and accountability.

Yet the response from industry players shows that the transition will not be without friction. As the sector adapts, the central challenge for 2026 will be finding the right balance: ensuring rigorous protection for consumers and fair conditions for creators while preserving the agility and creative dynamism that make influencer marketing so effective.

About Kolsquare

Kolsquare is Europe’s leading Influencer Marketing platform, offering a data-driven solution that empowers brands to scale their KOL (Key Opinion Leader) marketing strategies through authentic partnerships with top creators.

Kolsquare’s advanced technology helps marketing professionals seamlessly identify the best content creators by filtering their content and audience, while also enabling them to build, manage, and optimize campaigns from start to finish. This includes measuring results and benchmarking performance against competitors.

With a thriving global community of influencer marketing experts, Kolsquare serves hundreds of customers—including Coca-Cola, Netflix, Sony Music, Publicis, Sézane, Sephora, Lush, and Hermès—by leveraging the latest Big Data, AI, and Machine Learning technologies. Our platform taps into an extensive network of KOLs with more than 5,000 followers across 180 countries on Instagram, TikTok, X (Twitter), Facebook, YouTube, and Snapchat.

As a Certified B Corporation, Kolsquare leads the way in promoting Responsible Influence, championing transparency, ethical practices, and meaningful collaborations that inspire positive change.

Since October 2024, Kolsquare has become part of the Team.Blue group, one of the largest private tech companies in Europe, and a leading digital enabler for businesses and entrepreneurs across Europe. Team.Blue brings together over 60 successful brands in web hosting, domains, e-commerce, online compliance, lead generation, application solutions, and social media.