Thread by @CatalinaGoanta

The French influencer policy reform has become positive law as of today's adoption. It's has many interesting aspects that complement current consumer protection regulation, as well as many not so great additions that can be criticized. A quick 🧵

vie-publique.fr/loi/288793-reg…

This is the 1st (consumer) law in the EU that actually defines influencers as persons who obtain money/advantages to "mobilize their notoriety among their audience to communicate" online "content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever"

This will have to apply in combination with the European definition of traders, which apply throughout the entire Union, because while this French law offers *explicit* provisions on influencer marketing, we have *a lot* of applicable preexisting legislation in EU consumer law.

Freedom of contract (particularly on form) is limited by imposing a new obligation for influencer agreements over a specific amount (to be determined through subsequent legislation) to be made *in writing*.

Very interesting to see that this law reinforced the DSA! This is an argument I’ve been making with Bram Duivenvoorde for the past year: consumer protection violations (like hidden advertising) are illegal content under the DSA!