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Decree No. 2025-113 implementing Article 8 of the law aimed at regulating commercial influence and combating abuses by influencers on social media (Law No. 2023-451 of 9 June 2023) was published in the Official Journal on 29 November 2025. It will come into force on 1 January 2026 (Article 2).
This eagerly awaited decree sets the threshold above which a partnership between an influencer and their agent or an advertiser, involving the provision of one or more online commercial influence services, must be covered by a written contract.
As a reminder, according to the law of 9 June 2023, online commercial influence consists of using one’s notoriety – in return for remuneration – to promote products, services or a cause to the public by electronic means.
The law also defines the activity of an influencer agent: this involves representing, in return for remuneration, an influencer in their relations with brands or other partners in order to promote goods, services or a cause.
In principle, influencer partnerships must be formalised by a written contract. However, an exception exists when the total remuneration (cash + benefits in kind) linked to the service is below a threshold set by decree.
This threshold has just been set at €1,000 excluding VAT (Decree No. 2025-113).
When this limit is reached or exceeded, the contract must comply with strict formal requirements and mention:
• the identity and contact details of the parties, as well as their country of tax residence;
• the precise nature of the assignments;
• the remuneration or the terms of its calculation, as well as the value of benefits in kind;
• the rights and obligations of the parties, particularly with regard to intellectual property;
• a clause requiring the application of French law.
Failing this, the contract is null and void.
To determine whether the €1,000 threshold has been reached, it is not necessary to consider each service individually. Instead, all remuneration and benefits granted by the same advertiser to an influencer for services pursuing the same promotional objective must be added together over a year.
The decree is silent on the method of valuing benefits in kind, which are often complex to quantify (free products, travel, invitations to events, access to services, etc.). This uncertainty requires increased vigilance on the part of advertisers, agents and influencers.
Equipe Bcube