Regulations and transparency in influencer marketing are becoming crucial for brands operating in Europe. The growing number of legal requirements – from GDPR to French law – forces creators and brands to ensure full disclosure of commercial partnerships, image retouching, and the use of artificial intelligence. Therefore, it is increasingly important not only to create engaging content but also to ensure compliance with the law. In this article, we explain how to implement these requirements and how NanoInflu supports compliance.
French Law – Act no. 2023-451: What You Need to Know
France was the first EU country to introduce a law imposing specific obligations on influencers and brands. In practice, this means that:
- Influencers must clearly label posts as “advertisement” or “commercial collaboration.” Otherwise, they face fines of up to €300,000 and two years in prison.
fashionlawwatch.com Upfluence euronews - Retouched or filtered photos must include the label “Retouched images,” while AI-generated visuals must state “Virtual image.”
- It is prohibited to promote cosmetic surgery, high-risk financial products (e.g., cryptocurrencies), gambling, alternative medical techniques, or exotic animals.
- Non-EU influencers targeting the French market must appoint a legal representative and hold civil liability insurance within the EU.
- Social media platforms are additionally required to moderate content and promptly remove illegal posts under the Digital Services Act (DSA).
As a result, brands operating in France must carefully plan every campaign to avoid legal risks.
GDPR and Transparency – Beyond France
Under GDPR, influencers and brands must clearly inform users about the purpose of data processing (e.g., through newsletters or contest registrations). In addition, they must ensure that all advertising practices are lawful. Transparency is crucial not only for consumers but also for supervisory authorities.
Moreover, implementing GDPR best practices helps build trust and strengthens a brand’s reputation.
How to Implement Regulations in Influencer Campaigns
Labeling Standards
- Add labels such as “Advertisement / Commercial collaboration” to every promotional post.
- Apply “Retouched image” or “Virtual image” to visual content, in line with French law.
Contracts and Documentation
- Draft written contracts with influencers, covering scope, duration, labeling requirements, and liability.
- This way, both the brand and the influencer remain protected, as per Article L.121-3 of the French Consumer Code (joint liability applies).
Monitoring and Moderation
- Ensure that the chosen platforms have reporting tools and quick response mechanisms, in line with the DSA.
Managing Foreign Influencers
- If the influencer operates outside the EU, they must have a legal representative and insurance within the EU.
This approach minimizes legal risks and increases transparency in cooperation.
How NanoInflu Supports Compliance
The NanoInflu platform:
- automates the briefing and contracting process with influencers, including mandatory labeling and retouching requirements (e.g., GDPR and French “Loi no. 2023-451”),
- provides built-in templates aligned with French law and transparency standards,
- enables campaign monitoring and verification to ensure that posts include the required labels,
- guarantees that collaborations remain legal, protecting brands from sanctions.
Thanks to this, businesses save time, gain legal certainty, and can focus on the creative side of campaigns.
Conclusion
Regulations and transparency in influencer marketing – such as French law (Act no. 2023-451) and GDPR – impose new obligations on influencers and brands: labeling content, advertising restrictions, contracts, and legal representation. In practice, this means that failing to comply can lead to significant penalties.
NanoInflu is your partner in ensuring full campaign compliance, as it combines automation, monitoring, and legal safeguards in one tool. This way, brands can pursue creative campaigns without worrying about legal consequences.
👉 Discover how NanoInflu helps you build transparent and legally compliant campaigns: www.nanoinflu.com
