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The invoice offers with a number of gamers within the sector: influencers, together with minors, brokers of influencers and the platforms that host their content material.
An influencer definition is created. These are individuals who, for remuneration or advantages in type, “mobilize their notoriety with their viewers to speak” on-line “content material geared toward selling, instantly or not directly, items, providers or any trigger. “.
The exercise of influencer agent, which places them in relation with the manufacturers, can be outlined.
Influencers, their brokers or advertisers should enter into written contractspast a sure threshold of remuneration or advantages in type (which can be outlined by decree). These contracts should embrace sure obligatory clauses: missions entrusted, circumstances of remuneration, submission to French regulation as quickly as subscribers in France are focused, and many others.
With a purpose to compensate doable victims, parliamentarians launched the precept of joint and a number of other legal responsibility between the advertiser, the influencer and his agent. As well as, influencers residing overseas outdoors Europe (similar to Dubai) must designate a authorized consultant within the European Union and take out civil insurance coverage within the EU once they goal an viewers in France.
Particular measures defend youngster influencers. The principles on youngster labor Youtubers on video-sharing platforms, set by the law of October 19, 2020, are prolonged to all on-line platforms (social networks similar to Instagram, Snapchat or Tiktok). Youngster industrial influencers can be protected by the labor code. Their dad and mom must signal their contracts with the advertisers and deposit part of their earnings (the nest egg).
The obligations of on-line platforms (Youtube, Tiktok…) are strengthened. In accordance with Digital Services Act (DSA)they must provide a button to report unlawful content material, give precedence to notifications from trusted flaggers and take away this content material as shortly as doable.
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