At the dawn of 2025, the Influencers Act is poised to redefine the marketing ecosystem. influencer marketing in Europe and France. The massive professionalization of the sector, new risks for consumers and the need for transparency are forcing authorities, platforms and creators to adapt to strict rules. We take a closer look at the major changes, the obligations to anticipate and the best practices for navigating this unavoidable regulatory shift with confidence.
Faced with the growing power of creators on social networks, legislation is stepping up its vigilance over the influencer sector. This article details the new requirements for influencers, the fundamental differences with traditional advertising, as well as the impact of the law on brand-influencer relations and the responsibility of platforms. Responses to legal issues, recommended practices and the European panorama are also analyzed, in order to best prepare for the year 2025.
Understanding the Influencers Act: new issues, obligations and distinctions with traditional advertising
Influencer marketing has become an essential channel for brands seeking to get closer to their target audience. However, the meteoric rise of this sector has not been without its excesses: scandals, disguised advertising, scams, dubious collaborations... All of which justify the arrival of reinforced legislation. The Influencers Act, effective from 2025 in France, aims to clean up the practice and protect consumers against the risks inherent in the digital sphere.
Unlike traditional advertising, where the advertiser and promotional nature are easily identifiable (TV spot, banner, billboard), influencer content blends into a creator's personal narrative. The major challenge lies in distinguishing between authentic editorial posts and sponsored placements. This fine line complicates the task of the consumer, who is sometimes exposed to self-serving or even misleading recommendations with no clear identification.
The need for strict regulations stems from several observations:
- Increase in consumer complaints about content that conceals its advertising nature.
- Growth in unlabelled commercial collaborations, particularly on Instagram, TikTok and YouTube (find out more about platform competition).
- Emergence of scams and endangerment of the public (ineffective, dangerous products...)
- Regulatory unfairness between amateur/professional influencers and traditional advertisers
The legal responses to these aberrations are precise and multifaceted:
- Clear labeling of sponsored content. As soon as a post is the result of a partnership (financial or in-kind), it must be explicitly marked as #sponsorisé or #publicité, as recommended by the ARPP in France or the FTC in the USA.
- Compliance with existing advertising laws (laws on fairness, truthfulness, absence of misleading promises) - even in the absence of dedicated regulations, the general texts apply.
- Compliance with data protection and information collection laws (notably RGPD in Europe), whenever community interactions or behavior analysis are involved.
- Introduction of mandatory contracts for each partnership, to provide a legal framework for the relationship, even for seemingly "minor" collaborations.
A key point of these regulations is the increased accountability of influencers: as soon as content is deemed to be misleading, illegal or dangerous, the content creator can be fined, or even face criminal prosecution for up to two years in prison and a fine of 300,000 euros in France.
This regulatory climate is not unique to France. Many European countries, such as Germany, Belgium, Italy and Spain, are explicitly strengthening their legislative arsenal in this area. There is a growing European consensus that any paid collaboration must be immediately and clearly announced as soon as it is published. The diversity of national laws and authorities' expectations means that influencers must constantly monitor and adapt their strategy to each territory.
| Country | Labeling obligation | Possible sanctions | Sector details |
|---|---|---|---|
| France | Yes (#pub or equivalent on each sponsored content) | Fine, prison, deletion of content | Prohibition of cosmetic surgery, supervision of minors, guide to good practice |
| Germany | Yes ("Anzeige", "Werbung") | Administrative and judicial sanctions | Publication of sector guidelines |
| Spain | Yes (clear statement required) | Account blocking, fine | Restrictions on hazardous products, supervision of top influencers (+2M subscribers) |
| Italy | Yes (hashtag recommended, post visible) | Fine, exclusion campaigns | New tougher law in 2024 after major scandal |
Self-regulatory bodies play a key role: in France (ARPP), the UK (ASA) and Spain (Autocontrol), they issue guidelines, conduct investigations and sanction breaches. Between 2021 and 2023, the complaints handled by Autocontrol in Spain illustrate the increased vigilance of the industry. For a closer look at this dimension, the study on authenticity and influencer strategies in 2025 offers a panorama of industry and consumer expectations.
This legal framework meets a dual need: to preserve public trust and to establish fair competition with traditional media. Until recently, many influencers were treated less fairly than advertising professionals, even as their impact on audiences continued to grow. In 2025, we need to put an end to this disparity.
Concrete obligations, legal responsibilities and best practices for influencers in 2025
With the application of new regulations, the influencer of the near future will have to adopt a rigorous approach. The law sets out a series of formalized obligations:
- Transparency on commercial partnerships: sponsored content must be explicitly indicated, whether the collaboration is financial, in kind or in the form of a benefit (travel, experience, product offered).
- Respect for lawful advertising and promotion: content must not exaggerate effects, omit risks or promote prohibited products (e.g. cosmetic surgery in France, weight-loss products in Spain).
- Personal data protection: the collection of audience data assumes strict compliance with the RGPD, with informed consent and the possibility of withdrawal at any time.
- Increased responsibility for published content: the DSA (Digital Services Act) raises the level of responsibility for anything deemed illegal or dangerous (misinformation, scams, substance abuse, etc.).
To illustrate this transformation, let's take the example of a fictional young lifestyle influencer, Claire. In 2025, as soon as she receives a cosmetic cream to test or remuneration for a story, she must insert the mention #collaboration or #sponsorisé, ideally in the visible part as soon as the publication is opened, whatever the platform: TikTok, Instagram or YouTube. An oversight, even unintentional, can lead to reports and even disciplinary or legal sanctions.
In terms of best practices, the sector is tending towards greater professionalization. Certifications are required or recommended for designers (more than 450 in France obtained the ARPP certificate of responsible influence in 2025). Some major brands, such as L'Oréal, now require this document as a prerequisite for any cooperation.
- Visit training on the legal framework not only enables us to adapt quickly to changes in legislation, but also strengthens the brand-influencer relationship over the long term.
- Content must also remain relevant, honest and consistent with the community's values, or risk losing the audience's trust - an imperative analyzed in this article on sponsored authenticity.
- In the event of a dispute, systematic contractualization offers traceability and a guarantee of the rights and obligations of each party.
- Careful selection of partners (avoiding unscrupulous brands or those with controversial records) preserves the reputation of the designer and his audience.
The regulatory environment will also influence influencer remuneration, sometimes disrupting their business model. For a full update on this change, guide to influencer compensation deciphers the trends and barriers ahead.
| Obligation | Description | Example of non-conformity | Impact or penalty |
|---|---|---|---|
| Partnership information | Hashtag or visible, explicit and direct mention | Sponsored content posted without mention | Notification, removal or even fine by ARPP or DSA |
| Respect for honest practices | No false claims or impossible results | Advertising a non-validated miracle product | Litigation, blacklisting, legal action |
| Protection of minors | Supervision hours, products and topics covered | Gambling or weight-loss nutrition for teenagers | Temporary or permanent bans |
| RGPD compliance | Collection, processing and display of consent data | E-mail collection without user consent | Injunction, fine data protection authority |
| Written contract | All collaborations are subject to a contract | Oral or "trust" campaign | No recourse in the event of dispute or non-payment |
Dispute resolution follows a unified pattern: most consumer complaints are investigated by an SRO (in France, ARPP; in Spain, Autocontrol), which has the power to rule, make recommendations, or transfer the case to the courts if necessary. This rapid intervention chain is essential, as the virality of bad behavior can damage the reputation of the entire sector.
Influencers therefore need to integrate these key steps into their workflow: reporting, contracting, checking the suitability of products, documenting their collaborations and, above all, nurturing an ongoing training dynamic. On this subject, explore the new secrets for success on social networks provides essential guidance for all professionals in the sector.
The European and international regulatory landscape, the role of platforms and best practices for responsible influence
The Influencers Act applies in a globalized digital environment, where each country is progressively refining its policy to reflect its own cultural, economic and media realities. The diversity of legislative responses across Europe prompts all stakeholders (brands, agencies, creators and platforms) to think strategically.
In addition to the French texts, several trends can be seen in 2025:
- Progressive European harmonization around DSA, even if each market retains its own specific features (ban on certain product placements, varying requirements on sponsor visibility).
- Setting up "labels" for responsible influence: some countries are coordinating their efforts to raise public confidence (cf. the ARPP certificate in France, ASA initiatives in the UK).
- Generalized contractual framework for all partnerships, regardless of audience volume or remuneration (historical and prospective analysis).
- Increased control by platforms: Instagram, TikTok, Meta adjust to make it mandatory to activate transparency tools (#sponsored, tags, accessible reporting). They must also provide the authorities with risk management reports, and promote simplified access for any complaints lodged by users.
The role of platforms has expanded considerably. At the crossroads of self-regulation and legal obligations, they are becoming stakeholders in the detection, moderation and removal of illegal or non-compliant content. Since 2024, all platforms with more than 45 million users in the EU have been classified as VLOPs (very large platforms), subject to enhanced requirements for both publication and complaints management. Find out more about the evolving framework for these giants, this analysis of the digital battle provides relevant insights.
Furthermore, the extraterritorial applicability of certain laws (notably the DSA and RGPD texts) means that any content seen in the EU must comply with European standards, even when it emanates from a creator located outside the European space.
| Country | Special features of the Influencers Act | Role of platforms | Example of a regulatory body |
|---|---|---|---|
| United Kingdom | Detailed "An Influencer's Guide", CAP code, compulsory mention of partnerships | Reporting, internal moderation mandatory | ASA |
| UNITED STATES | Disclosure of all business relationships, heavy penalties (FTC) | Native disclosure functions developed on Instagram and YouTube | FTC |
| Netherlands | Promoted brand name required on each marketing post | Reporting dashboard for each user | Stichting Reclame Code |
| Italy | Global reinforcement after scandals, obligation to inform influencers | Dedicated compliance teams | Istituto dell'Autodisciplina Pubblicitaria |
Some influencers are adapting quickly, adopting new strategies based on training, transparency and diversification of their activity. Influencers in Brazil and Bordeaux, for example, are already integrating responsible trends and anticipating customer demands (Brazilian influencers, Bordeaux influencers).
Recommended best practices for 2025 include :
- A label that remains visible at the start of each publication (story, post or video).
- A contractual agreement covering all aspects of the partnership, including duration, remuneration and multi-platform distribution.
- A regular compliance audit and legal watch, especially necessary in the case of internationalized campaigns.
- The use of management tools to prevent conflicts of interest and manage the transparency of collaborations (case study: regulations applied to gaming).
- Ongoing audience awareness of the legal issues involved and the reason why mentions are required.
By taking these steps, influencers not only protect their communities, but also secure their business and perpetuate their income, particularly in the face of increasingly demanding platforms. Tomorrow's influencer strategy will be based on trust, responsibility and regulatory agility - values at the heart of success.
For an effective influence strategy that complies with the new law and is in tune with public expectations, it's advisable to rely on expert support. ValueYourNetwork stands out in this landscape, thanks to its expertise in influence marketing since 2016. With hundreds of successful campaigns on all networks, our team helps you connect brands and creators, while rigorously respecting regulations and audience value. For any customized request or to build a campaign aligned with upcoming legislation, contact us today.
FAQ on the Influencers Act and Regulation 2025
What is the Influencers 2025 Act and why is it important?
The Influencers Act 2025 strictly regulates influencer marketing, imposing transparency, accountability and contractualization of collaborations. It is crucial to protecting consumers from abuses and ensuring trust in creators and brands.
How do you apply the Influencers Act 2025 on Instagram or TikTok?
To comply with the Influencers Act 2025 on Instagram or TikTok, you need to explicitly mention any paid partnership with the hashtags #publicité, #sponsorisé or equivalent right at the start of the publication, avoiding any ambiguity for the audience.
What are the risks of non-compliance with the Influencers Act in 2025?
Failure to comply with the Influencers 2025 law can result in sanctions such as content deletions, substantial fines and even legal action, in addition to seriously damaging the reputation of the creator or brand.
What's the difference between the Influencers 2025 Act and traditional advertising?
Unlike traditional advertising, the Influencers Act 2025 targets marketing integrated into personal content. It requires immediate signage of partnerships and increased responsibility, including in terms of personal data management.
How can I obtain a certificate of responsible influence in France?
The Responsible Influence certificate is obtained by following a training course approved by the ARPP, ensuring that the influencer's practices comply with the new law and enhancing his or her professionalism in the eyes of brands.
Which products will be banned from promotion under the Influencers Act 2025?
The Influencers 2025 law prohibits the promotion of certain products (such as cosmetic surgery in France or weight-loss products in Spain) in order to protect sensitive audiences and reinforce the sector's code of ethics.
How are disputes concerning the Influencers Act resolved?
Disputes relating to the Influencers 2025 law are generally handled by self-regulatory bodies (e.g. ARPP), which can impose sanctions, recommend corrective measures or refer the case to the courts if necessary.
Does the Influencers Act 2025 apply to micro-influencers?
Yes, the Influencers Act 2025 concerns all creators involved in commercial partnerships, whatever the size of their audience (micro, macro or mega-influencers).
What are the obligations for data collection under the Influencers Act 2025?
Data collection under the Influencers 2025 law must comply with the RGPD: obtain explicit consent, allow easy withdrawal and inform about data use. Any failure to do so exposes you to significant penalties.
Is a written contract required for every collaboration under the Influencers 2025 Act?
Yes, the Influencers 2025 law legalizes and requires contractualization of all partnerships, guaranteeing clarity and legal certainty for both the creator and the brand.