Influencer agency lawyer
Structure your agency, secure your talent.
Want to create your influencer agency or structure your talent management activity? INFLUXIO supports you through every legal step: choosing the right legal status, drafting contracts, compliance with the French influencer law of June 9, 2023. Tailored guidance from lawyers specializing in influencer law.
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Practical examples
Creation of a digital talent agency (15 creators)
Full support in creating an influencer management agency: SAS bylaws, agent-influencer contracts compliant with the 2023 law, brand contract templates, and advertising transparency policy implementation.
Legal restructuring of an existing agency post-2023 law
An agency managing 8 influencers operated without written contracts. Full compliance overhaul: agent-influencer contracts, advertising practices audit, team training on the June 9, 2023 law obligations.
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“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
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Why is the influencer agency sector booming in France?
The influencer marketing market in France now exceeds €500 million annually, with double-digit growth every year. Influencer agencies, also called talent agencies, influencer management firms, or creator agencies, are multiplying to support content creators in their professionalization.
But launching an influencer agency cannot be improvised: the law of June 9, 2023 on commercial influence has profoundly changed the regulatory landscape. INFLUXIO, a law firm specializing in influencer law, guides you step by step in creating your agency.
What is an influencer agent under the law?
The law of June 9, 2023 introduced for the first time a legal definition of the influencer agent activity. Understanding this definition is essential before structuring your agency.
Legal definition (Article 8 of the June 9, 2023 law).
Article 8 of Law No. 2023-451 of June 9, 2023 defines an influencer agent as 'any natural or legal person who, for consideration, connects persons engaged in commercial influence activities with advertisers for the purpose of carrying out commercial influence operations.' This definition creates specific obligations for any intermediary between a brand and an influencer.
Distinction between agent, manager, and agency.
The agent connects the influencer with brands for commercial operations. The manager handles the creator's overall career (strategy, development, image). The agency may combine both functions, but the legal obligations apply whenever commercial matchmaking activity is exercised. This distinction has direct consequences on the drafting of your influencer contracts.
Which legal status to choose for your agency?
Choosing the legal status is the first structural decision for your influencer agency. Each form has advantages and limitations that should be evaluated with a specialized lawyer.
SAS: the preferred choice.
The SAS (Simplified Joint-Stock Company) is the most suitable status for a growth-oriented influencer agency. It offers great statutory flexibility, allows investors to join, and limits partners' liability to their contributions.
- Flexibility in the allocation of powers and governance
- Ease of entry and exit for partners
- Possibility to create share categories (BSPCE, preference shares)
- Credibility with brands and partners
SASU for a solo agent.
The SASU (Single-Shareholder SAS) is ideal for a solo agent wishing to start alone while retaining the option to welcome partners later. It offers the same advantages as the SAS with a single shareholder.
SARL: advantages and limitations.
An SARL may suit a small agency with a limited number of partners. It offers better social protection for the majority manager (self-employed regime) but less statutory flexibility than the SAS.
Micro-enterprise: possible but risky.
A micro-enterprise is technically possible for a solo influencer agent, but it has significant limitations: revenue cap (€77,700 for services), unlimited personal liability, less professional image with brands, and the inability to deduct expenses.
Legal obligations of the influencer agent.
The law of June 9, 2023 imposes strict obligations on influencer agents. Non-compliance exposes them to significant criminal and administrative penalties.
Mandatory written contract (€1,000 excl. VAT threshold since January 2026).
Since January 1, 2026, any commercial influence contract exceeding €1,000 excl. VAT must be in writing. This contract must formalize the mutual commitments between the agent, the influencer, and the advertiser. The absence of a written contract exposes the agent to nullity of the agreement and DGCCRF sanctions.
Mandatory contract clauses.
The contract between the agent and the influencer must include mandatory clauses:
- Full identification of the parties
- Nature and scope of the agent's missions
- Compensation terms (commissions, flat fees, bonuses)
- Contract duration and termination conditions
- Transparency obligations regarding advertising
- Conditions for intellectual property rights assignment
Joint and several liability between agent and influencer.
Article 8 of the law provides for joint and several liability between the agent and the influencer for compliance with transparency obligations. In practice, if an influencer omits the 'advertising' or 'commercial collaboration' mention on sponsored content, the agency can be held co-responsible.
Prohibitions (minors, regulated products).
The law prohibits or strictly regulates certain practices: promotion of cosmetic surgery, sports betting, high-risk financial products, and enhanced protection of minor influencers (law of October 19, 2020). The agent must ensure compliance with these prohibitions under penalty of criminal sanctions.
How to draft the agent-influencer contract?
Drafting the contract between the agency and the influencer is a delicate legal exercise requiring specific expertise in influencer contract law.
Essential clauses.
Beyond the mandatory clauses, a well-drafted agency contract should include: an exclusivity clause (total or partial), a proportionate post-contractual non-compete clause, a reporting and financial transparency clause, and a reputational crisis management clause.
Duration and termination conditions.
The agency contract duration must be reasonable. Contracts that are too long (more than 3 years) or without early termination options may be reclassified as abusive. Provide a proportionate notice period and exit conditions (treatment of ongoing contracts, outstanding compensation).
Compensation and commissions.
The most common compensation model is a commission on generated revenues (typically between 15% and 30%). The contract must specify the calculation basis, payment frequency, treatment of post-contractual revenues, and any guaranteed minimums.
Intellectual property.
The contract must clarify copyright ownership of content created in the context of commercial collaborations. The influencer remains in principle the rights holder, but an exploitation license may be granted to the agency for promotional purposes.
Common legal mistakes to avoid.
INFLUXIO supports numerous influencer agencies and regularly observes the same legal mistakes. Here are the most frequent pitfalls to absolutely avoid:
- ✓Starting without a written contract or with a template not adapted to the 2023 law
- ✓Confusing agent mandate and employment contract (reclassification risk)
- ✓Omitting advertising transparency obligations (DGCCRF risk)
- ✓Including disproportionate exclusivity clauses (nullity risk)
- ✓Neglecting professional liability insurance
- ✓Ignoring specific rules applicable to minor influencers
- ✓Failing to regulate intellectual property of created content
Intellectual property and copyright.
Managing intellectual property is a major challenge for influencer agencies. Content created by influencers, photos, videos, texts, original music, are works protected by copyright.
The agency must ensure it has the necessary rights to exploit this content in the context of commercial partnerships, while respecting the influencer's moral rights (attribution right, integrity right). Special attention must be paid to image and voice rights assignment, particularly when generative AI is used to create derivative content.
Operational launch checklist for an influencer agency.
Beyond corporate structuring, launching an influencer agency in France requires operational compliance with the Law of 9 June 2023, the Decree of 6 November 2023 (mandatory professional civil liability insurance for agents), and the Decree of 21 March 2024 (legal representative for non-EU clients).
The agency must register its activity with the URSSAF, declare beneficial owners with INPI (RBE), and obtain a SIRET number. If the agency holds funds on behalf of influencers (sponsorship payments, royalties), it falls under the Hoguet Law-like obligations of intermediation, requiring a financial guarantee and a separate trust account.
Our firm assists with bylaws, shareholder agreements, agent mandates and tax structuring (BIC/BNC arbitration, holding company strategy, IS vs IR option).
Mandatory contractual templates.
The Law imposes a written contract above €1,000/year per partnership (Article 8 Law of 9 June 2023). We draft compliant agency mandates, brand-influencer agreements, exclusivity and non-compete clauses, plus model invoices.
Tax and social security optimisation.
Agencies and their talents arbitrate between micro-entrepreneur, EI, SASU and SAS structures depending on revenue, IP transfers and international expansion plans. We model scenarios with chartered accountants partners.
Useful glossary for setting up an influencer agency.
- [Artistic](/en/avocat-droit-artistes) agent
- intermediary placing an artist with an employer (Article L.7121-9 of the Labour Code), regulated activity incompatible with that of producer.
- Mandate of common interest
- contract by which an agency represents a creator over time against commission on revenues; specific termination regime (Cass. com. 12 May 2004).
- French Act of 9 June 2023
- requires any agency operating in France to subscribe professional liability insurance and appoint an EU legal representative for non-EU agencies.
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FAQ
Frequently asked questions.
No, no specific degree is required to create an influencer agency in France. The influencer agent activity is not a regulated profession in the strict sense. However, the law of June 9, 2023 imposes strict obligations (written contract, transparency, joint liability) that require specialized legal support from the start.
The minimum capital for an SAS is a symbolic €1. In practice, capital of €1,000 to €5,000 is recommended to add credibility with brands and influencers, open a professional bank account, and cover initial operating costs.
Article 8 of the June 9, 2023 law provides for joint and several liability between the agent and the influencer for compliance with transparency obligations. In practice, if an influencer from your agency fails to disclose the advertising nature of content, the agency can be prosecuted and sanctioned equally.
Yes, since January 1, 2026, a written contract is mandatory when the total fees for commercial influence operations exceed €1,000 excl. VAT per year and per advertiser. This contract must include mandatory clauses defined by law. Below this threshold, a written contract is very strongly recommended.
The most common business model relies on a commission on revenues generated by the influencers' commercial partnerships, typically between 15% and 30% depending on the level of services offered. Some agencies combine commissions with monthly management fees.
An exclusivity clause is possible but must be proportionate in duration, geographic scope, and financial consideration. An exclusivity that is too broad or without adequate compensation may be declared void by a court. The recommended duration generally does not exceed 12 to 24 months.
Professional liability insurance is essential to cover risks associated with your matchmaking activity. It covers damages caused to third parties by sponsored content, advisory errors, and disputes with brands or influencers.
Penalties can be severe: up to 2 years imprisonment and €300,000 in fines for the most serious offenses (promotion of prohibited products, non-compliance with rules applicable to minors). The DGCCRF can also issue compliance orders, administrative fines, and publicity measures for sanctions.
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In short
INFLUXIO is a law firm specialized in influencer agency, based in Paris. French Act of 9 June 2023, agent status, MDA registration, financial guarantee, mandate contracts, compliance.
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