The regulatory changes surrounding content creators are reshaping the rules of the game in the content industry. influencer marketing in Europe. Between European harmonization driven by the Digital Services Act (DSA)With the advent of more stringent national laws and self-regulation initiatives, brands, influencers and platforms are having to rethink their processes to remain compliant and credible.
This dossier examines the obligations, risks and operational strategies to be put in place before 2025. Concrete, comparative examples help to identify the priority steps needed to secure campaigns and maintain consumer confidence.
Influencer regulation: reminder of obligations and penalties
The legal landscape governing influencer activity today combines European rules and national laws. The DSAfully applicable since 2024, introduces increased liability for creators and platforms: illegal content, misleading practices or omissions can now be classified as criminal or administrative offenses.
This framework is supplemented by specific provisions adopted since 2023 in several member states, such as the French law of June 9, 2023, or the Italian obligations recently tightened after high-profile scandals. Penalties range from administrative fines to heavier penalties, depending on the seriousness of the offence.
Practical obligations for influencers and advertisers
From an operational point of view, there are three main areas of focus: transparency of partnershipsadvertising compliance and data protection. The obligation toclear, immediate labelling of sponsored content.
- Explicit disclosure of partnerships (hashtags #pub, #sponsorisé or equivalent).
- Written contracts specifying remuneration, deliverables and labeling obligations.
- RGPD compliance for all data collection (competitions, forms).
- Sectoral bans: alcohol, tobacco, medicines, depending on the country.
For example, NovaRetail had to review its creative briefs to impose labeling clauses and obtain proof of compliance before payment, in order to avoid contractual liability.
| Obligation | Application example | Possible sanctions |
|---|---|---|
| Clear labelling | Hashtag visible at the beginning of the publication | Warning / fine |
| Written contract | Exclusivity clause and proof of post | Nullity of agreement / contractual penalties |
| RGPD compliance | Explicit data consent | CNIL fine / civic actions |
The operational consequence is simple: any undocumented campaign exposes the brand to double liability, regulatory and reputational. Key Insight: prevention is better than punishment.
Influencers Act 2024-2025: implications for brands and agencies
Brands and agencies have reacted swiftly to the new requirements, auditing practices, renegotiating contracts and reallocating budgets. According to the Association des Agences Conseils en Communication (AACC), nearly 45% companies have re-evaluated their influencer marketing investments, favoring longer-term, more traceable partnerships.
NovaRetail illustrates this trend: after a poorly worded one-off campaign, the team opted for annual partnerships with monthly reporting, integrating the need for a responsible influence certificate required by certain advertisers.
Priority actions for advertisers
- Check adherence to self-regulatory codes (ARPP, ASA, Autocontrol).
- Demand proof of labeling before payment and a right of control over publications.
- Train internal teams in DSA and local regulations (France, Spain, Italy, Germany).
- Promote transparency: dedicated pages, campaign archives, performance reports.
The actions of platforms are also monitored: detailed reports, traceability of advertising and removal mechanisms are now expected by national and European authorities.
| Country | Key measure | Impact for advertisers |
|---|---|---|
| France | Law June 9, 2023: contracts and bans (cosmetic surgery) | Tighter controls, fines and criminal liability |
| Italy | AGCOM Code 2025: registration and high penalties | Increased due diligence on partners |
| Spain | Users of particular importance" status | Sector bans for top influencers |
| Netherlands | ACM fines up to €100,000 | Direct financial risk for non-compliant campaigns |
In the face of these developments, marketing effectiveness now depends on process-integrated compliance. Key Insight: compliance becomes a competitive advantage.
How designers and platforms must prepare for the European framework
All content creators and platforms must internalize professional reflexes: systematic contractualization, documentation of partnerships and adoption of labeling tools. Self-regulatory bodies offer training courses and certificates, such as the Responsible Influence Certificate issued by ARPP, which has already been obtained by nearly 1,800 designers in 2024.
For NovaRetail, working with certified designers has reduced late payments and legal risks, while boosting customer confidence.
Operational checklist for designers and platforms
- Set up a standard contract model in line with local law.
- Use hashtags and mentions that comply with AEEP and OAR recommendations.
- Document commercial exchanges and keep proof of publication.
- Raise audience awareness by explaining the commercial nature of the content without diluting it.
| Action | Tool / Example | Expected result |
|---|---|---|
| Written contract | Legal template + creative annexes | Traceability and fewer disputes |
| Labeling | Hashtags recommended by AEEP | Clarity for the consumer |
| Training | ARPP certificate / OAR modules | Better compliance and commercial attractiveness |
At the same time, platforms need to facilitate access to advertising reports and integrate automatic tagging options for commercial collaborations. The combination of regulation, self-regulation and industry best practice will help restore confidence after public crises such as the Ferragni affair.
Insight final: professionalizing influence means stabilizing channel value.
Useful links for further information: Influencers Act 2025, growth in influencer marketing, top beauty influencers 2025, real estate influencers 2025, regulating the power of influencers.
FAQ
What information must be included for a publication to be compliant?
Any commercial publication must be clearly identified as soon as the content is opened, with an explicit hashtag or wording (e.g. #publicité, #sponsorisé). The wording should be visible and not hidden in a long series of hashtags.
Do influencers have to sign a contract for each partnership?
Yes, many member states now require a written contract specifying the nature of the partnership, remuneration, labeling obligations and proof procedures. This protects both the advertiser and the creator.
What role does DSA play in influencer marketing?
The DSA strengthens the responsibility of platforms and creators: illegal or misleading content can be removed and sanctioned. Platforms are required to provide reporting and risk management mechanisms, which impacts content visibility and monetization.
How can a brand reduce its legal risk?
Demand proof of labeling, give preference to certified creators, include compliance clauses in contracts and carry out post-campaign audits. We recommend setting up an internal unit dedicated to influencer marketing.