Ensure proper use of business influence
Do you want to promote your products or services through influencers, or are you an influenceryourself and want to grow your business?Be aware that commercial influence is now regulated and particularly controlled.
Influencer Act: Your communication must be compliant
The definitions of commercialinfluence and influenceragent are now enshrined in law, while rules govern the promotion of certain products or services.
Compliance with these regulations is particularly taken seriously, sincea dedicated team has been set up within the DGCCRF to carry out checks and, in the event of non-compliance, to issue relatively heavy penalties.
Online platforms must cooperate with authorities via a protocol of reciprocal commitments. In particular, they must set up reporting channels for Internet users and engage their responsibility.
Companies and influencers risk heavy penalties
A guide to good conduct has also been issued, while certain rules are required for influencers regarding the use of filters or alterations, and the existence of partnerships for example, while supervising the use of minors.For companies wishing to use of influencers to promote their offer, it is therefore a question of inquiring about their partner’s compliance with these regulations, while limiting their contractual liability.
For influencers, it is also necessary to ensure that their intervention will comply with this new regulatory framework, in order not to be exposed to heavy penalties from the DGCCRF.
GOUACHE Avocats, and its team dedicated to consumer law, advertising, and sales promotion, will support you to ensure the compliance of your communication.
Guillaume Gouachon
Avocat associé
Responsable "Consommation, produits et conformité"
Martine Behar Touchais
Professeur de droit Of counsel
Responsable "Distribution & Concurrence"
