Commercial Influence Agreement
The commercial influence agreement governs the collaboration between an advertiser (the brand) and an influencer or content creator tasked with promoting products or services to their community. Since the loi du 9 juin 2023 (French law of 9 June 2023), this activity is strictly regulated: a written contract is mandatory above a certain threshold, the commercial nature of the content must be clearly displayed (mention of 'publicite' / advertising or 'collaboration commerciale' / commercial collaboration), and certain promotions are prohibited. This contract defines the expected services, the content, the schedule, the remuneration, the assignment of rights and the legal transparency obligations. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The advertiser (the brand)
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Frequently asked questions
Is a written contract mandatory?
Since the loi du 9 juin 2023 (French law of 9 June 2023), a written contract is mandatory when the amount of the collaboration exceeds a threshold set by decree, or when one of the parties is an agency. Even below that, a written document is strongly recommended to secure the relationship and prove each party's commitments.
What transparency disclosures are required?
Any content with a commercial purpose must clearly, legibly and identifiably indicate that it is a commercial communication, using a mention such as 'Publicite' (Advertising) or 'Collaboration commerciale' (Commercial collaboration). Omitting this mention constitutes a misleading commercial practice, punishable by criminal sanctions.
Which promotions are prohibited for influencers?
The law prohibits or strictly regulates the promotion of certain products and services: cosmetic surgery and medicine, risky financial products (unregistered crypto-assets, betting), therapeutic abstention, tobacco and nicotine products, among others. The contract must recall these prohibitions.
Who owns the content created?
By default, the influencer remains the holder of the copyright over their creations. The contract organizes the assignment or licensing of these rights to the brand for a defined term, territory and media. The influencer's image rights must also be expressly framed.
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