Compliance in influencer marketing: law, ARPP, and brand safety for brands

The enactment of the law of June 9, 2023, formalized the framework for commercial influence in France, transforming a sector long guided by informal practices into a discipline governed by strict legal and ethical obligations ⁽¹⁾. For advertisers, this evolution is not merely a legal adjustment. It redefines the approach to relationships with content creators, the structuring of briefs, and the dissemination of brand messages.

Regulatory compliance has now become a central pillar of influence strategy. The rigorous application of transparency rules set by the Professional Advertising Regulatory Authority (ARPP) and compliance with the legal framework are aimed directly at protecting brand image against reputational or administrative risks. A poorly structured partnership or an omitted advertising disclosure can quickly damage a company's credibility with its audiences and regulatory authorities. ⁽⁵⁾⁽²⁾

Approaching compliance from a purely defensive standpoint would be a mistake. Integrated from the campaign design phase, transparency strengthens public trust, enhances creator engagement, and provides essential clarity to collaborations. This guide details the obligations in force and the methodology to adopt to structure secure and sustainable operations.

In this article

I. Legal framework for commercial influence: what the law requires of brands

Law no. 2023-451 of June 9, 2023, marked a decisive step for the influencer marketing ecosystem in France ⁽¹⁾. This legislation precisely defined the scope of commercial influence activities and clarified the legal responsibilities of the various stakeholders in the advertising chain.

The law of June 9, 2023, clarified the framework applicable to commercial influence stakeholders. ⁽²⁾ The ARPP Recommendations, for their part, belong to an ethical framework separate from the legislation. ⁽⁵⁾ For a brand, these two levels must be distinguished: legal obligations are verified with regard to the relevant provision, while ARPP recommendations serve as a reference for best practices. In practice, internal validation processes can help control the legality of the message, the identification of commercial intent, and contractual commitments.

The legal definition of the influencer and the agent

Certain products, services, and practices are subject to prohibitions or specific rules regarding commercial influence. The exact scope depends on the category involved and must be checked against the texts applicable at the time of the campaign. ⁽³⁾ For a brand, the operational reflex is therefore to identify the sector, the product, the target audience, and the distribution methods before validating the brief, rather than applying a general rule to all collaborations.

Prohibited and regulated sectors

The law strictly regulates or prohibits the promotion of certain products and services through influencers ⁽³⁾. For brands operating in regulated sectors such as health, finance, or gambling, the distribution of sponsored content requires increased vigilance, the inclusion of appropriate warning disclosures, and compliance with applicable restrictions. Campaigns must ensure that no misleading or unsubstantiated claims are disseminated.

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II. ARPP rules and transparency: how to correctly declare a partnership

The Professional Advertising Regulatory Authority (ARPP) has for several years published ethical rules aimed at ensuring the honesty of advertising communications. Its recommendations constitute the reference standard for the identification of paid partnerships and brand gifts.

The ARPP rules complement the legal framework by providing operational methodological details ⁽²⁾. They apply to all content formats, whether static posts, stories, reels, or long-form videos on platforms like YouTube or TikTok. According to the data from the ARPP's Responsible Influence Observatory, the clarity and immediacy of identifying collaborations have improved significantly on social networks over the past few years ⁽⁴⁾. Transparency has become the norm expected by users and regulators.

Mandatory disclosures and their placement

The French legal framework requires the commercial intent of content to be indicated in a clear, legible, and identifiable manner. The Bercy public guide specifically cites disclosures like "Advertisement" or "Commercial collaboration." ⁽²⁾ The ARPP complements this foundation with ethical recommendations on the explicit and immediately perceptible nature of the identification. ⁽⁵⁾ In practice, the brand must verify that the disclosure remains visible and understandable within the relevant format, without being relegated to an illegible area or behind a string of hashtags.

The Responsible Commercial Influence 2.0 Certificate: a useful signal for casting

The Responsible Commercial Influence Certificate is a training and awareness program provided by the ARPP to content creators ⁽²⁾. It validates knowledge of the legal and ethical framework, covering topics such as mandatory disclosures, intellectual property rights, or consumer protection ⁽²⁾. This certificate does not constitute a general legal obligation imposed on all creators to conduct their business. However, for advertisers and agencies, prioritizing profiles holding this certificate during the casting phase offers a valuable qualitative signal. It indicates that the partner understands advertising ethics rules and reduces the risk of inadvertent omission of legal disclosures during campaign execution.

III. Brand Safety and reputational risk management

Brand safety in influencer marketing consists of implementing protocols to avoid associating the brand with controversies, inappropriate content, or unfair business practices. Legal compliance is the first line of defense in this protection strategy.

A poorly managed influencer campaign can quickly generate a sense of distrust among consumers. The absence of a sponsored disclosure or the involuntary promotion of unverified claims degrades a company's credibility. Structuring a brand safety approach involves treating compliance not as a last-minute constraint, but as a key step integrated throughout the entire lifecycle of the influencer campaign.

Verification of the history and alignment of creators

Before signing a partnership contract with a talent, a preventive audit phase is recommended. It is necessary to check the content creator's history, the quality of their engagement, and their discipline regarding the labeling of past collaborations. A creator who has previously been reported for lack of transparency or who has disseminated problematic statements presents a direct risk to the advertiser's reputation. Examining publication history helps validate the alignment of the talent's values with the brand's ethical charter.

Brief validation and pre-publication control

The brief sent to the content creator is the reference document for strengthening creative and regulatory alignment. It must imperatively specify the exact terms of the transparency disclosures to be used, their visual placement, and the presence of any warning messages according to the sector of activity. A quick pre-publication validation process must be established between the brand or its agency and the creator. This step allows for the examination of final content, the legibility of legal disclosures, and the accuracy of product claims, without seeking to distort the spontaneous tone that gives the talent's voice its value.

IV. Securing your influence partnership contracts

The contractual formalization of relationships with content creators or their representative agencies is an essential legal step to frame the scope of services and the distribution of responsibilities.

Simple email exchanges may be insufficient to document a complex setup. A written contract allows for the definition of deliverables, dates, compensation, usage rights, responsibilities, and compliance requirements. Its content must be adapted to the partnership in question and to the obligations actually applicable.

Fundamental compliance clauses

The law sets the framework applicable to commercial collaborations, while the ARPP Recommendations constitute an ethical reference. ⁽²⁾⁽⁵⁾ In practice, the contract benefits from specifying expected transparency obligations, validation methods, operational responsibilities, and the consequences provided for in the event of a serious breach. Depending on the setup, termination clauses or other contractual mechanisms may be included; their drafting should be tailored to the contract and, when the stakes justify it, validated by the brand's legal counsel.

To supplement the framework presented here, read our article on influencer marketing.

V. Support and methodology for compliant campaigns

Navigating the regulatory ecosystem of influence requires precise expertise in social media platform practices and developments in administrative doctrine. Support from specialists helps advertisers manage their operations securely.

When a campaign targets the French public, a foreign brand must integrate the French transparency framework into its compliance setup. Managing international or multi-market campaigns therefore requires appropriate legal monitoring. ⁽²⁾

Rigorous framework and operational monitoring

Rigorous support is based on the development of upstream scoping processes and continuous operational monitoring during campaign deployment. Dedicated teams ensure that each piece of content validated and published strictly meets the standards required by the ARPP and regulations in force. Whether teams work in Paris or manage projects on a European scale, this discipline of control promotes a high level of execution. By outsourcing the management of compliance and brand safety, marketing departments secure their investments while maintaining fluid and constructive relationships with content creators.

Conclusion

The legal regulation of influencer marketing should not be perceived as a brake on creativity, but as a necessary factor of professionalization. Transparency rules are intended, in particular, to make the commercial nature of collaborations identifiable to the public and to strengthen consumer protection. ⁽⁵⁾⁽²⁾

Integrating legal requirements and ARPP Recommendations from the initial design of briefs and the casting of creators helps preserve the company's reputation while establishing a lasting relationship of trust with communities ⁽²⁾. A mastered compliance approach thus transforms legal obligations into a genuine asset for image and brand safety.

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