🚨 On December 18, 2025, a draft decree implementing Article 5(II) of the Influencers Act of June 9, 2023, No. 2023-451, was notified to the European Commission. As a reminder, this procedure requires Member States to notify the European Commission of their draft “technical regulations” for review prior to their enactment in order to verify their consistency with European law.

📝The notified draft decree supplements the implementing provisions of Article 5(II) of the Influencers Act regarding the disclosures required when an influencer promotes goods or services related to vocational training (particularly via the CPF). In particular, it is stipulated that the disclosure of the commercial collaboration must indicate, in a legible (or audible) manner, and distinct from the promotional message and any other mandatory disclosures:

– the public nature of the funding for the initiative and the existence of associated commitments and eligibility rules;

– a hyperlink to the applicable regulations, a reference to the website, or an informational message, with the understanding that an executive order will establish the presentation requirements for these elements based on the type of medium as well as the content of the message;

– the legal name of the service provider responsible for the training program and its SIRET number, including for subcontractors.

📊 The draft also includes specific rules regarding promotions in the form of videos or images (still or animated), for which these elements:

– must appear in a dedicated horizontal space, representing at least 7% of the advertising space and displayed for at least 90% of the medium’s duration;

– do not need to be duplicated when multiple promotions appear on the same page;

– must be announced immediately after the promotional message in the case of broadcast or audio promotions.

As the draft decree is subject to the “TRIS” procedure, these rules are not yet final and may still change depending on the European Commission’s opinion.

🗓️ The end of the standstill period will be March 19, 2026.

👉 Full text of the draft decree: https://lnkd.in/eniYHXVk