The €1,000 rule: what France's Loi Influenceurs forces you to sign in 2026
A simple threshold, heavy consequences. Décret 2025-1137 of 28 November 2025 operationalised the Loi Influenceurs: above €1,000 net per year per partnership, a written contract becomes mandatory. Here is how to comply without getting stuck.
Why €1,000 net?
Décret n° 2025-1137 of 28 November 2025 set €1,000 net per year per partnership as the threshold above which a signed written contract becomes mandatory between the brand (or its agent) and the influencer. The threshold deliberately excludes nano-partnerships (small one-off gifts, unpaid promo codes), while capturing the bulk of professional collaborations — including in-kind benefits whose market value reaches the threshold.
The threshold is calculated annually and per partnership: if a brand works with the same creator on three posts at €400 each, the cumulative (€1,200) crosses the threshold and a written contract is required for the whole engagement. In-kind benefits (products, trips, events) count at fair-market value, not at the brand's production cost.
The stake is not symbolic: without a written contract, the partnership is null and void. The brand loses all rights to the content. For a full audit, the free Loi Influenceurs compliance checker verifies each mandatory clause.
How to count the threshold exactly
Three practical counting rules:
- Annual cumulative: partnerships with the same creator accumulate over a rolling calendar year. Three small posts at €350 each = €1,050 = above the threshold.
- Cash + in-kind: a €600 paid post + a €500 trip = €1,100 net = above the threshold. The trip value is fair-market, proven by the brand's purchase invoices.
- Per partnership: if the brand works with a creator through two distinct agencies, each agency-creator contract is evaluated separately, but the principal brand remains co-liable for the global picture.
The most common ambiguity: what if the threshold is crossed mid-partnership? The contract must be signed before the threshold is crossed. In practice, if recurring collaboration is anticipated, signing the contract from the first euro is the only safe way to stay compliant.
The 11 mandatory clauses to include
Décret 2025-1137 and Article 8 of Loi 2023-451 require 11 mandatory clauses in the contract:
- Full identity of parties (name, address, country of fiscal residence, email).
- Remuneration in euros (or precise calculation method if variable).
- Fair-market valuation of in-kind benefits.
- Precise description of content to produce (platforms, formats, dates, hashtags).
- IP rights: scope of licence, duration, territory.
- French law and French jurisdiction clause.
- Mandatory disclosure mention in the post (Publicité / Collaboration commerciale / Partenariat rémunéré).
- Enhanced protections if the creator is under 16.
- EU legal representative if the brand is established outside the EU.
- Categories of excluded products (cosmetic surgery, gambling, certain financial products).
- Consequences in case of DGCCRF takedown or non-compliance.
The free Collabios contract generator produces these 11 clauses automatically, adapted to the creator's country of residence and the target market.
Sanctions and enforcement
Sanctions are set in Article 9 of Loi 2023-451 and combine civil (contract nullity, refund), administrative (DGCCRF — fines up to €300,000, doubled on second offence) and criminal (up to 2 years prison for the creator, more for prohibited categories) spheres.
The DGCCRF opened 300+ investigations in 2022-2023; in 2025, 35 proceedings resulted in public sanctions. The automatic doubling on second offence and the "name and shame" measure (forced apology on the creator's social channels) are the two innovations the industry fears most.
The principal brand (and its agency) are co-liable. The myth that "it is the creator's responsibility" has never held legally — and even less since 2026. Before any France-targeted campaign launches, the free Loi Influenceurs audit surfaces gaps before they become fines.
FAQ
Does the €1,000 threshold apply per post or cumulatively?
Cumulatively per year per partnership. Three posts at €400 each with the same creator in 12 months = €1,200 = above the threshold = written contract mandatory.
Do in-kind benefits count?
Yes, at fair-market value. An €800 trip + a €300 fee = €1,100 total = written contract mandatory. Fair-market value is proven by the brand's purchase invoices.
What happens if I have no written contract when the threshold is crossed?
The partnership is null. The brand loses all rights to the content. The DGCCRF can fine up to €300,000 (doubled on second offence) and force a public apology from the creator. The principal brand is co-liable.
Must the contract be signed before or after the work?
Before. Décret 2025-1137 requires a written contract signed prior to performance. Signing after does not cure the violation and does not avoid sanctions.
Can my US or English-law contract work?
No. The contract must be drafted in French (or with a controlling French version), include a French-law clause, and contain the 11 mandatory clauses of Article 8 of Loi 2023-451. A standard US contract misses all of these obligations.
