France's New Influencer Law Adopted June 1, 2023

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Foley & Lardner

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In today's social media era, influencer marketing has become an integral part of brand promotion and consumer engagement.
France Media, Telecoms, IT, Entertainment
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In today's social media era, influencer marketing has become an integral part of brand promotion and consumer engagement. Recognizing the growing impact of influencers and the need for greater transparency across social media platforms, France has recently introduced a new law that aims to regulate and enhance accountability in the industry. The law, which sets forth specific guidelines for influencers and brands, is designed to reshape the way influencer marketing operates in France.

The cornerstone of France's new law is centered around transparency as influencers will now be required to explicitly disclose any sponsored content or partnerships. The law mandates that such disclosures should be made at the beginning of each post, ensuring consumers are aware of the commercial nature of the content from the outset. This measure is designed to safeguard consumers from potential misleading practices.

Recognizing the need to educate influencers about the new regulations, the French government also plans to launch educational campaigns that will inform influencers of their responsibilities and guide them on proper disclosure practices. These campaigns intend to help influencers navigate the legal landscape and enable them to make informed decisions while maintaining their creativity.

France's new law also focuses on protecting vulnerable audiences, particularly minors, as the law requires influencers to exercise caution and discretion when promoting products or services that may be harmful or unsuitable for young viewers.

Given France's influence in the global fashion and luxury industry, it is likely that this law will have a ripple effect on the international influencer marketing landscape. Brands and influencers operating on a global scale will have to acclimate to these new standards as they navigate the intricacies of French law or face potential penalties. As the industry evolves and adapts to these regulations, France is likely to inspire other countries to follow suit, leading to a more responsible and transparent global influencer marketing landscape.

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