Influencer Law 2026: written contracts, €1,000 excl. VAT threshold, gifting, AI, and transparency. Rules to apply for brands and creators.
Influencer Law 2026: the new rules for brand contracts change the way influence campaigns are prepared, approved, and tracked. Since January 1, Decree No. 2025-1137 of November 28, 2025 has made written agreements mandatory for many commercial collaborations.
The key issue lies in the threshold of 1,000 EXCL. TAX. It covers not only the payment made to a creator. It also includes gifted products, travel, invitations, free services, and any in-kind benefit tied to a promotional campaign.
Influencer Law 2026: written contract required starting at €1,000 excl. VAT
The most significant rule concerns formalizing the partnerships. An influencer marketing collaboration must now be governed by a written contract when its total value reaches or exceeds €1,000 excl. VAT in a single calendar year. The text applies to services carried out electronically, with an identifiable promotional purpose.
In practical terms, a cosmetics brand that sends three packages to a creator, then offers a sponsored video two months later, cannot treat each action as an isolated item. If the whole effort serves the same commercial purpose and exceeds the threshold, a compliant contract becomes necessary.
One case comes up often in campaign audits. A young D2C brand first sends €450 worth of products to a beauty creator. It then adds a press invitation valued at €300, followed by a €350 payment for a Reel. Taken separately, each item seems modest. Combined, they reach €1,100 excl. VAT. The collaboration then falls within the scope of the requirement.
This logic puts an end to a practice that is still common: agreement by private message, quick email, or a brief shared in a collaborative document. These exchanges remain useful for organizing the campaign, but they do not replace the contract once the threshold is crossed. The contract must set out the assignments, expected formats, deadlines, compensation, content usage rights, and advertising disclosure obligations.
The numbers explain this tightening. DGCCRF reported during its recent enforcement checks on influencer marketing a high rate of irregularities, with about 60 % of inspected influencers affected by violations according to reports published around online promotion practices. This context has accelerated the implementation of a more auditable framework.
- Monetary compensation : fixed fee, commission, affiliation, or performance bonus.
- benefits in kind : gifts, trips, meals, VIP access, accommodations, or free services.
- Cumulative annual value : total of the benefits tied to the same promotional objective.
- Contractual proof : document signed by the brand or advertiser and the influencer, whether an individual or legal entity.
From experience, at ValueYourNetwork, the strongest campaigns are those that treat the contract as a management tool, not as a late formality. The right reflex is to put a dollar value on each benefit from the brief stage, then trigger legal approval before any publication.
This first rule imposes a simple discipline: no significant campaign should start without an accurate calculation of its total value.
What clauses should be included in brand contracts with influencers
The contract should do more than prove that an agreement exists. It must make it possible to run the campaign without ambiguity. The Influencer Law 2026 requires a precise description of the services and a clear allocation of responsibilities. A brand that asks for “three Instagram pieces” leaves too many gray areas. A better-drafted clause will specify the format, duration, approved messages, advertising disclosures, and reuse rights.
Advertising transparency deserves special attention. Statements such as “Advertisement,” “Commercial Collaboration,” or “Paid Partnership” must be visible, immediate, and easy to understand. A disclosure placed at the end of the description, buried after several lines, or hidden by the interface exposes the campaign to risk. The contract should therefore state where the disclosure appears and who verifies that it is present before publication.
Another sensitive issue is usage rights. A brand may want to reuse a video on its website, in a social ads campaign, or at the point of sale. Without a specific clause, the creator may challenge the use. The contract must then define the authorized channels, duration, territories, cropped formats, and any paid extensions. This rigor protects both parties.
| Contract item | What must be specified | Risk if omitted |
|---|---|---|
| Services | Formats, platforms, dates, number of posts, content approval. | Incomplete deliverables or disagreement over the campaign. |
| Consideration | Fee, gifting, commissions, invitations, payment terms. | Incorrect threshold calculation and forgotten contractual obligation. |
| Transparency | Advertising disclosures, placement, review before publication. | Hidden advertising or deceptive commercial practice. |
| Rights to content | Duration, media, territories, media buying, organic reuse. | Restriction on use or request for additional compensation. |
| Responsibilities | Verification of claims, evidence, consumer compliance. | Shared liability in the event of noncompliant messaging. |
The clause related to claims must also be handled methodically. If a brand says that a product is “sustainable,” “green,” or “better for the planet,” it must provide evidence. European Directive 2024/825 strengthens this oversight against greenwashing. A simple marketing promise is no longer enough. Labels, reports, certifications, or tests must be available and usable by the creator.
That said, a contract that is too rigid can hinder creativity. Audiences quickly spot a scripted message. The right approach is to frame the legal points while still leaving the creator their tone, pace, and editorial style. It is often this leeway that makes a campaign credible.
Highly exposed sectors require extra caution. Content related to sports, video games, finance, crypto, or health calls for stronger validation. Brands working with specialized profiles can draw inspiration from community analyses such as video game influencers in 2026, where a young and engaged audience requires a more precise advertising framework.
A good clause does not constrain the partnership; it turns a commercial promise into a clear, measurable, and enforceable commitment.
Influencer Law 2026, AI, minors, and environmental claims
The brand contract can no longer be limited to price and deliverables. It must incorporate the new risk areas: artificial intelligence, protection of minors, and environmental promises. These three issues change how campaigns are prepared, because they directly affect public trust.
Starting in August, the European Artificial Intelligence Act, often called the AI Act, strengthens transparency obligations. Content generated or substantially modified by AI must be clearly disclosed. This applies to an image produced by AI, an altered video, a virtual avatar, or an advanced edit that changes the appearance of the product or face.
The line is not always clear. A light correction or assisted subtitling does not have the same effect as a reshaped face or an entirely generated background. The contract should therefore require the creator to disclose the tools used when AI changes how the content is perceived. A note such as “AI-generated content” or “AI-modified content” can then be included in the brief and approved before publication.
Protecting minors imposes a second level of vigilance. The Digital Services Act more strictly regulates advertising targeting of young audiences. Advertising profiling of minors is prohibited. A brand should therefore not just look at a creator’s follower count. It must analyze the composition of their audience, the nature of their content, and the risks associated with the message.
A question often comes up on the marketing side: should all creators followed by teenagers be excluded? No. That said, the campaign must be adapted. A lifestyle creator followed by many minors may still be relevant if the product, the message, the targeting, and the transparency are compatible with that audience. In this context, ARPP’s “Responsible Influence” certification becomes a useful indicator for selecting profiles trained in best practices.
Environmental claims are the third point of tension. A brand can no longer hand off to a influencer vague wording such as “eco-friendly” without solid proof. Claims based solely on carbon offsetting are particularly risky. The contract must set the permitted terms, mention the supporting documentation available, and provide for approval before release.
This requirement also applies to international campaigns. A campaign with creators in Europe, the Middle East, or North America can mix several advertising standards. Brands working with highly visible profiles, for example through markets such as the creators based in Dubai or sports communities tied to the growth of global events, must align local practices with the rules applicable to the target audience.
In short, compliance is no longer just about signing the contract. It covers content creation, the audience exposed, and the evidence behind each claim.
How should internal processes be organized to secure influencer campaigns
The deepest change is happening within teams. The Influencer Law 2026 requires brands, agencies, and intermediaries to rethink their decision-making chains. Marketing can no longer approve an operation on its own when the amount, the evidence, or the target audience raises legal risk.
The first step is to create an annual tracking system by creator. This spreadsheet should total payments, products sent, invitations, promo codes, commissions, and covered expenses. Without this tracking, a brand may exceed €1,000 excluding tax without realizing it. The risk is especially present in ambassador programs, where shipments repeat over the course of months.
The second step concerns internal coordination. Marketing teams know the campaign objective. Procurement secures purchase orders. Finance tracks payments. Legal validates the clauses. When these functions work separately, mistakes multiply. A simple process can be enough: no final brief goes out until the threshold, the evidence, and the content rights have all been checked.
One example illustrates the issue well. A home decor brand wants to activate ten renovation creators to promote a paint range. Each influencer receives products, a gift card, and an affiliate commission. The individual cost may vary depending on sales. In this case, tracking must include a projected margin. Campaigns related to the home, such as those led by creators specializing in renovation and tips, show how quickly in-kind benefits can gain value.
Third step: prepare modular contract templates. A simple gifting campaign does not call for the same level of detail as an annual partnership with sector exclusivity. The template must therefore adapt to the risk. It can include appendices for usage rights, AI, claims, comment moderation, or obligations related to minors.
Contract nullity represents a concrete civil risk when the requirements are not met. But the danger does not stop there. A poorly structured campaign can lead to insufficient evidence, a dispute over content rights, a consumer complaint, or reputational harm. Conversely, a solid framework streamlines the relationship and reassures serious creators.
ValueYourNetwork has been helping brands professionalize this process since 2016, with expertise built on hundreds of successful social media campaigns. The team helps connect influencers and brands with a structured approach: profile selection, message framing, deliverable tracking, and securing partnerships. To implement a compliant and high-performing strategy, contact us.
Another point: compliance must remain clear to creators. A contract that is too technical, sent the day before a post, creates friction. A clear contract, shared early, builds trust and reduces last-minute revisions. The best process is the one teams actually use, campaign after campaign.
Frequently asked questions about Influencer Law 2026
Does the Influencer Law 2026 make contracts mandatory for all partnerships?
No. Influencer Law 2026 requires a written contract when the total value of the collaboration reaches or exceeds €1,000 before tax, including compensation and in-kind benefits. Smaller collaborations must still comply with advertising transparency rules.
Does Influencer Law 2026 include gifts in the €1,000 before-tax threshold?
Yes. Influencer Law 2026 includes gifts, free products, trips, invitations, and free services in the threshold calculation. A campaign with no direct payment may therefore require a written contract if the combined benefits reach €1,000 before tax.
Does the Influencer Law 2026 apply to micro-influencers?
Yes. Influencer Law 2026 does not depend on the number of followers. It applies based on the promotional nature of the collaboration, its total value, and the consideration provided to the creator.
Does Influencer Law 2026 require disclosing content created with AI?
Yes, when AI generates or significantly alters the content. Influencer Law 2026 aligns with European transparency obligations, notably for images, videos, or text created or transformed by artificial intelligence.
Does Influencer Law 2026 provide for risks in the event of no contract?
Yes. Influencer Law 2026 exposes the parties to the risk of the collaboration being void when the required written contract is missing. The absence of a framework also weakens proof of commitments, liability management, and the brand’s reputation.