| 🔍 Service | 📋 Description |
|---|---|
| Structuring and drafting influencer contracts | Drafting bespoke contracts, including confidentiality, intellectual property protection and non-compete clauses, to protect businesses’ interests in influencer collaborations. |
| Developing compliant strategies | Advice on designing influencer campaigns that comply with the law and build in good practice to strengthen trust and compliance, in line with the company’s values. |
| Advertising compliance review | Checking transparency in sponsored posts and product placements to avoid misleading advertising and stay compliant with regulations. |
| Defence in disputes | Representation in disputes relating to influencer marketing, including non-performance of partnerships, contractual disputes and unfair competition, through negotiation or court action. |
| Copyright protection and reputation management | Protection of intellectual property (trade marks, logos, content), action in cases of infringement, and proactive online reputation management to prevent any harm to the brand image. |
| Advice on influencer marketing good practice | Training teams on good practice and legal obligations in advertising and commercial collaboration, so that influencer strategies are applied compliantly. |
| Why choose Hashtag Avocats? | A preventive approach, tailored solutions and a responsive team to protect influencer marketing activities and prevent legal risks. |
Hashtag Avocats, located at 51 Av. Franklin Delano Roosevelt, 75008 Paris, provides a team of experienced professionals to support your initiatives and defend your interests. Our firm understands the challenges and opportunities that influencer marketing represents for building a brand, and we are committed to offering a tailored service to assist you with all your legal steps. Whether you are a business looking to set up influencer partnerships or an influencer wishing to protect your rights, our lawyers guide and protect you at every stage of your strategy.
What is influencer marketing (commercial influence) in France?
Influencer marketing (influence commerciale) means using communication strategies to strengthen the awareness and credibility of a brand or product by relying on influencers or opinion leaders. This practice rests on promoting a brand’s image and reputation to a targeted audience, often via social networks and other online platforms. Influencer partnerships may include sponsored posts, product placements or broader collaborations with influencers.
Influencer marketing can be extremely beneficial for reaching new customers, increasing sales and improving brand image. However, it also raises major legal issues, in particular in terms of advertising, intellectual property and competition. Businesses and influencers must therefore comply with strict rules to avoid any risk of dispute or non-compliance, and this is where an influencer marketing lawyer can play a decisive role.
When should you instruct an influencer marketing lawyer?
Negotiating and drafting influencer contracts in France
Every partnership with an influencer or a commercial partner requires a well-structured contract that protects your interests while complying with legal regulations. Our lawyers draft and negotiate bespoke contracts that make the rights and obligations of all parties involved legally sound. These contracts include specific confidentiality, non-compete and intellectual property protection clauses to prevent any misuse of your brand or content. Above a threshold set by decree, the influencer contract must be in writing, on pain of nullity, and contain mandatory particulars (Article 8 of French Law No. 2023-451 of 9 June 2023 (in French)).
Developing compliant influencer strategies
When it comes to building an influencer marketing strategy, our lawyers advise you on putting in place a strategy that complies with the law and is consistent with your company’s values. Working with your marketing team, we make sure each initiative respects the legal and ethical constraints on advertising and commercial communication. This approach allows you to minimise legal risks and build a relationship of trust with your audience.
Protecting your reputation and handling disputes
The world of influencer marketing is sometimes subject to complex disputes over failure to honour contractual commitments, unfair competition or defamation. Our firm acts to protect your rights and reputation in the event of a conflict with a commercial partner, an influencer or even third parties. Whether through amicable negotiation or before the courts, we take the necessary measures to defend your interests.
French influencer marketing regulation: checking your campaigns comply
The rules on advertising, especially when it is carried out through influencers, are changing rapidly and are strictly regulated. Our lawyers check that your campaigns comply with the laws in force, in particular regarding transparency towards consumers. The commercial intent of influencer content must be disclosed by a clear, legible and understandable statement, such as “publicité” (advertising) or “collaboration commerciale” (commercial collaboration), where it is not already apparent from the context; otherwise, it constitutes a misleading commercial practice (Article 5-2 of Law No. 2023-451 of 9 June 2023 (in French)). Our vigilance aims to limit the risk of sanctions and protect your brand image.
Intellectual property advice
In influencer marketing, protecting intellectual property rights is essential. Our firm assists you in registering and managing trade marks, logos and other protected elements, and in drafting copyright assignment agreements to protect your content and creations. In the event of infringement or unauthorised use of your brand image, we act quickly to enforce your rights through formal notices or legal action.
How can an influencer marketing lawyer assist you?
Our lawyers at Hashtag Avocats offer 360° support in influencer marketing, with a complete service adapted to your specific needs.
Negotiating and drafting influencer contracts
Drafting and negotiating contracts is an indispensable element in ensuring clarity and legal certainty for each influencer collaboration. We work with you to produce clear and protective contracts, whether sponsorship agreements, collaboration agreements or service agreements. Each clause is designed to preserve your interests and minimise potential risks.
Developing influencer strategies that comply with the law
We understand the importance of an effective and compliant influencer strategy. Our lawyers work hand in hand with your team to develop strategies that meet the requirements of competition law and intellectual property. We analyse your projects to avoid unfair commercial practices and check that your actions comply with the laws in force, in particular in advertising and digital marketing.
Managing conflicts and disputes
In the event of a dispute, we represent you before the courts or in mediation to defend your rights. Conflicts in influencer marketing can escalate quickly and damage your company’s reputation. Our lawyers act to deal with these situations responsively and strategically, in order to preserve your business relationships and your reputation.
Advising on good advertising practice
The laws governing advertising practices are complex and change frequently. Our firm helps you stay up to date with the latest regulations and make sure your campaigns comply with the rules on transparency and business ethics. We offer compliance training for your team to give them the keys to navigate influencer marketing safely.
Why choose Hashtag Avocats for your influencer marketing needs?
At Hashtag Avocats, we believe that a well-designed and legally sound influencer marketing strategy is essential for the sustainable growth of any business. Here is our approach:
- Legal monitoring: our lawyers follow developments in influencer marketing and advertising law, across several business sectors, to adapt their advice.
- Personalised support: we adapt our services to the specific features of each client, taking into account your needs, your sector and your objectives.
- A proactive and preventive approach: we anticipate risks to protect your operations and prevent disputes.
- Bespoke solutions: from drafting contracts to managing conflicts, we offer solutions tailored to the specific challenges of your business.
Contact us about your influencer marketing matter
Influencer marketing is a major opportunity to strengthen a company’s image and sales, but it requires rigorous legal support. At Hashtag Avocats, we assist you so that your partnerships and influencer strategies comply with legal standards, in order to limit legal risks. If you need advice on setting up your strategy or protection in the event of a dispute, we are here to assist you.
For any request for information or to book an appointment with our firm:
- Address: 51 Av. Franklin Delano Roosevelt, 75008 Paris
- Telephone: 01 85 73 56 66
- Email: contact@hashtagavocats.com
Contact our lawyers to make your influencer marketing activities legally sound.
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Further reading
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- Intellectual property in a SaaS project: code, database, documentation, deliverables (in French)
- SaaS provider liability: how to manage contractual risk