2026 Influence Law: What's Changing for Brands and Agencies

Three years after the adoption of the French law of 9 June 2023 regulating commercial influence, the sector is entering a new phase of regulatory maturity in 2026. With the decree of 28 November 2025 now in force, the consolidation of the European Digital Services Act, and tighter rules on AI-generated influence, the 2026 Influence Law is no longer just a transparency obligation: it imposes a true compliance culture, embedded from the very design of every campaign.

At Matriochka Influences, we have been supporting brands such as Amazon, Volvo, Leroy Merlin and NIVEA for over ten years in legally securing their activations. This article reviews what is genuinely changing in 2026, the pitfalls to avoid, and the methodology to turn regulatory pressure into a competitive advantage.

Law no. 2023-451 of 9 June 2023 was the first in Europe to legally define commercial influence. It applies to any natural or legal person who, for consideration, leverages their visibility with their audience to communicate to the public, by electronic means, content aimed at promoting, directly or indirectly, goods, services or causes.
This definition covers content creators on Instagram, TikTok, YouTube and Twitch, as well as podcasters, newsletter publishers and streamers. It applies whenever the targeted audience is located on French territory, even if the influencer resides abroad.
The core obligations introduced in 2023 remain in force in 2026:

⮕ mandatory and clearly visible mention of the commercial nature of the content ("publicité" or "collaboration commerciale"),
⮕ labelling of retouched images ("images retouchées") and AI-generated images ("images virtuelles"),
prohibition on promoting certain products and services (cosmetic surgery, therapeutic abstention, high-risk financial products, gambling outside the regulated framework, paid sports betting tip subscriptions),
⮕ joint and several liability of the advertiser, the agency and the influencer in case of breach.

This is the most concrete change for brands and agencies this year. Decree no. 2025-1137 of 28 November 2025, which came into force on 1 January 2026, has clarified a long-pending provision: the threshold above which a written contract becomes mandatory between the advertiser, the agency and the influencer.
That threshold is now set at €1,000 excluding VAT. Three key clarifications:



⮕ The threshold is calculated cumulatively over a single calendar year: it corresponds to the total amount of cash compensation and the value of in-kind benefits granted by the same advertiser to the same influencer over the year.
⮕ In-kind benefits are fully counted: gifted products, trips, accommodation, experiences and various services. "Gifting" therefore exits the grey zone as soon as the threshold is reached.
⮕ The calculation is performed per promotional objective: if a brand collaborates with the same creator on two campaigns with distinct objectives (for example, a product activation and an event), each collaboration must be covered by its own contract.



The decree also requires several mandatory contractual clauses: description of the services, terms of compensation, intellectual property rights and exploitation duration, mutual rights and obligations, and reference to the applicable ethical rules.

While the contractual formalisation is broadly welcomed as a step forward in the sector's professionalisation, several stakeholders have flagged its complexity. UMICC, the French professional federation for influence, has raised legitimate questions: how exactly should a "promotional objective" be defined? How can cumulative tracking over twelve months be ensured when a creator works through several agencies or for several brands within the same group? Platforms such as Kolsquare have also pointed out the risk of administrative overload in a sector historically built on agility.
For brands and agencies, the consequence is clear: it is now essential to set up a centralised tracking tool for annual collaborations with each influencer, and to revise template contracts to bring them in line with the new requirements.

Tighter rules for AI-generated influence
With the rise of hyper-realistic avatars and "synthetic influencers", lawmakers have clarified how such content must be identified. Any campaign using an AI-generated avatar, a cloned voice or a synthetic face must include an explicit and permanent label, distinct from the standard "advertisement" tag.
For brands, this means revisiting creative briefs and content production charters whenever generative AI tools are involved.



Live shopping platforms now fully covered
Live shopping, which has grown by double digits in France between 2024 and 2026, is now explicitly covered by the legal framework. Live selling sessions on TikTok Shop, Instagram Live or dedicated platforms are treated as commercial communication. This carries several practical consequences: replays must be kept for three years, sales conditions displayed during the live must be archived, and product claims made verbally must be carefully checked.

A stronger role for ARPP and DGCCRF
ARPP, the French advertising self-regulation authority, now has automated monitoring tools to detect transparency breaches. The Responsible Influence Certificate, launched in 2021, has become in 2026 a quasi-standard for creators working with major brands. The DGCCRF, France's consumer protection authority, has seen its financial sanctions increase, with fines reaching up to €300,000 for legal entities in the case of repeat offences.

Alignment with the Digital Services Act
The European DSA, fully enforced since 2024, complements the French framework. Very Large Online Platforms (VLOPs) must now provide national authorities with the information required to identify advertisers and influencer partners. For agencies, this means greater traceability of collaborations and an obligation to maintain internal records.

An updated standard contract
The tripartite contract between advertiser, agency and influencer is now the cornerstone of compliance. In 2026, it must integrate the mandatory clauses set out by the decree: precise description of expected content, usage rights and exploitation duration, compliance with mandatory legal mentions, withdrawal clause in case of unlawful content, terms for prior validation of publications, and the influencer's commitment to the authenticity of their community.
We recommend our clients carry out an annual review of their contract templates, ideally in collaboration with legal counsel specialised in communications law.



A tool to track yearly cumulative spend
With the €1,000 (excl. VAT) threshold calculated annually and per promotional objective, the administrative management of partnerships becomes a topic in its own right. Shared spreadsheets, dedicated CRMs, specialised platforms: regardless of the tool, the goal is to be able to demonstrate at any time which collaborations have crossed the threshold and which are approaching it.



Rigorous audience verification
The purchase of followers and the use of bots remain a grey area that legally weakens any campaign. Our Next-Gen Influence methodology has, for several years, integrated a data analysis layer designed to filter out profiles whose audience is not authentic. It is both legal and economic protection for the advertiser.



Internal training for marketing teams
Marketing and communication departments must now master the fundamentals of influence law. We regularly run awareness sessions for our clients, particularly useful for teams in charge of local or international activations.

The role of the agency has profoundly changed. It is no longer just a creative intermediary, but a true guarantor of the campaign's legal compliance. Concretely, this means:

⮕ active legal monitoring of regulatory developments and case law,
⮕ internal tools for tracking and archiving campaigns,
⮕ influencer briefs systematically including mandatory legal mentions,
⮕ post-publication checks on every published post,
⮕ continuous training for account and creative teams.

This operational rigour is what now distinguishes professional agencies from more opportunistic structures. Choosing a partner that masters these issues has become a selection criterion in itself, as we explain in our guide to choosing an influence agency.

Sanctions are graduated according to the severity of the breach. For the most serious cases (promotion of prohibited products, repeated lack of transparency, consumer deception), they can reach:

⮕ two years in prison and a €300,000 fine for individuals,
⮕ up to €1.5 million in fines for legal entities in cases of aggravated misleading commercial practices,
⮕ additional administrative sanctions (temporary ban, publication of the decision, withdrawal of the Responsible Influence Certificate).

Beyond the sanctions, it is the reputational risk that should put brands on alert. A campaign called out by the DGCCRF or by a consumer association generates a media impact often greater than the fine itself.

Treating the 2026 Influence Law as a mere constraint would be a strategic mistake. Brands that have embedded compliance at the heart of their activations actually benefit from a triple advantage: stronger credibility with consumers, healthier relationships with creator partners, and significantly reduced legal and financial risks.
Recent consumer studies confirm it: transparency on the commercial nature of content does not weaken its effectiveness, provided it is owned and well integrated into the creative work. Better still: it reinforces the trust placed in the influencer and, in turn, in the brand.

The 2026 Influence Law marks the coming-of-age of influence marketing. It imposes new rigour, but also offers a stable framework for building high-performing, responsible campaigns. For brands, the question is no longer whether to comply, but how to turn this obligation into an editorial signature and a competitive edge.
At Matriochka Influences, we have made this compliance a pillar of our Next-Gen Influence methodology. If you would like to audit your current campaigns, secure your next contracts or train your teams on the 2026 regulatory updates, get in touch with our team. We will be glad to discuss your needs.