Over the past decade, influence marketing has changed the way advertising is handled by companies. Influencers have entered the marketing world by leveraging massive followings on social media platforms, and brands have recognised the value of the new category of advertising professionals.

Even though the use of influencers has become a mainstay of advertising, French legislation has yet to meet this evolution, resulting in an often opaque legal framework.

The broad, spread-out provisions applicable to influencers also generate difficulties in understanding their legal status, in particular when they are underage. This notably raises the question whether influencers are employees of the brands they advertise for—and therefore subject to labor law—or if they should be considered independent contractors, with their relationship with brands subject to commercial legislation.

Such opaque legal framework raises questions about the applicable regime, as well as the legal status of influencers. Even though there is no specific regime for influencers, recent legislation was adopted in order to protect children influencers (see our post here).

Applicable Regimes

Influencer marketing is not specifically regulated under French law. Therefore, it remains governed by a combination of the frameworks applicable to both advertising and consumer protection. As a result, it may be difficult for influencers to fully-grasp the rules to which their professional activity should abide without...

Read Full Story: https://www.natlawreview.com/article/influencers-and-digital-advertising