#Influencer Marketing Lawyer in France

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Contents
🔍 Service📋 Description
Structuring and drafting influencer contractsDrafting bespoke contracts, including confidentiality, intellectual property protection and non-compete clauses, to protect businesses’ interests in influencer collaborations.
Developing compliant strategiesAdvice 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 reviewChecking transparency in sponsored posts and product placements to avoid misleading advertising and stay compliant with regulations.
Defence in disputesRepresentation 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 managementProtection 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 practiceTraining 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:

Contact our lawyers to make your influencer marketing activities legally sound.

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Our team

A team of committed lawyers

Our team is made up of passionate, dedicated professionals, each focused on their own field. From intellectual property and digital law to business law and tax.

IP/IT

maitre arnaud touati

Lead lawyer

Partner and co-founder

Arnaud, partner and co-founder of Hashtag Avocats, heads the IP-IT contracts practice.

His practice covers entrepreneurship, digital law, personal data law and Web3 law.

Before founding Hashtag Avocats in 2015, Arnaud practised business law at many Anglo-American law firms in Paris and at major investment banks, as well as within mid-sized organisations. His passion for technology naturally led him to found Hashtag Avocats with Harry Allouche, with the aim of developing a practice dedicated to artificial intelligence, data protection (GDPR, ethics) and above all blockchain (ICO/STO, NFT, Web 3.0).

Arnaud is also a member of the Paris Bar incubator. He teaches at the Paris Bar school (École de Formation du Barreau) and at several well-known business schools. He also takes part in many workshops and events within the start-up ecosystem.

Elise hausherr

# Elise Hausherr

Associate lawyer in the IP-IT contracts practice

Elise practises as an associate lawyer in the IP-IT contracts practice.

Her practice covers personal data law, digital law and Web3 law.

Elise trained in both business law and at a business school. Before joining Hashtag Avocats in 2021, Elise gained eight years of experience at a large technology consulting firm. During that time, she led complex transformation projects for large French and international companies in the industrial sector. Today, she assists clients by resolving their legal issues while bringing her operational experience. Since joining the firm, Elise has developed the Fintech/Blockchain/NFT and GDPR practices. She has also set up internal tools to improve the firm’s processes.

Nathan benzacken

# Nathan Benzacken

Lawyer in intellectual property and digital law

Nathan practises as an associate lawyer in the IP-IT contracts practice.

His practice covers digital law and intellectual property. He built his experience in in-house legal departments, notably in the audiovisual and film sectors, and at law firms handling copyright, trade mark law, consumer law, personal data law and press law.

With a strong interest in the constant changes and ever-renewed challenges of the digital world, Nathan has, since joining the firm, broadened his skills to include crypto-asset and blockchain law.

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The data above is collected by the law firm HASHTAG AVOCATS in order to process and follow up on your contact request. To find out more about how your personal data is managed and how to exercise your rights, please refer to our privacy policy.