For creators targeting a French or Belgian audience, compliance is no longer an optional choice : it’s the essential pass for any influencer marketing program. Three risk areas dominate : undisclosed partnerships, use of protected content without permission, and inappropriate use of music.
In France, authorities can impose fines of up to €300,000 and ban any commercial influencer activity for five years.
In Belgium, the most serious copyright infringements expose you to penalties of up to €600,000; disclosure failures are assessed case by case by the SPF Economy.
Creators who master compliance quickly reap the benefits : increased audience trust, longer-lasting collaborations with brands, and generally more favorable algorithmic treatment by platforms that are sensitive to transparent, rights-respecting content.
Why it matters for creators and brands
Tightened enforcement and public scrutiny
The DGCCRF is ramping up inspections and reports that a significant share of audited creators have already been sanctioned for hidden advertising.
On the Belgian side, the SPF Economy notes a high rate of non-compliance; several JEP decisions have already led to content removals. Repeat offenders risk fines of up to €300,000 in France.
In Belgium, the amount of penalties for lack of disclosure is set case by case, while serious copyright infringements can reach €600,000, not counting a possible account shutdown.
Trust, monetization, and algorithmic reach
Meta and YouTube remind — via their creator guidelines and “ brand safety ” documents — that clearly identified content is more eligible for ads and generates higher revenue.
Audiences confirm it : the Edelman Trust Barometer regularly measures stronger trust in influencers who are transparent about their partnerships.
Adjusting by content type
| Format | Disclosure risk | Copyright risk | Music risk |
|---|---|---|---|
| Daily vlog | High (embedded brand placements) | Moderate (film clips) | High (background music) |
| Tutorial / review | Very high (product demos) | Low to moderate (manual excerpts) | Moderate (intro / outro jingle) |
| Short form / Reels | Moderate | Low (short format) | Very high (trending songs) |
| Livestream | High (live mentions) | High (screen sharing of media) | High (DJ sets) |
Disclosure of partnerships and sponsors
France : key points of the 2023 “Influencers” law
Since June 2023, creators must display the mentions “advertising” or “commercial collaboration” from the very start of the caption, and on-screen for a video, with an oral reminder if audio is present.
Non-compliance creates joint liability with the brand and can lead to a court-ordered ban on commercial influencer activity for five years.
→ Discover our agency in France for dedicated support.
Belgium : current rules and draft bill
To date, Belgium relies on the Code of Economic Law and the JEP Influencer Code; the recommended hashtags — #pub, #adv, #collab — must appear at the very beginning of the caption to remain immediately visible.
A draft bill (2023) plans to align the sanctions regime with the French model and to ban the promotion of certain high-risk products (cosmetic surgery, crypto-assets, etc.). The exact fine amounts are still under discussion.
→ Discover our agency in Belgium to anticipate future requirements.
Side-by-side comparison
| Requirement | France | Belgium (2024) |
|---|---|---|
| Mandatory wording | advertising or commercial collaboration | #pub, #adv, #collab (adapted language) |
| Placement | First line + oral / on-screen mention | First line recommended ; the “ Paid Partnership ” tag is helpful but insufficient on its own |
| Sanctions | Up to €300,000 + two years in prison + platform ban | Amount set case by case by the SPF Economy. The future text could introduce significantly higher fines (cap to be defined) + JEP removals |
| Restricted products | Tobacco, non-approved health, online trading… | Similar list proposed, not yet in force |
Best-practices playbook
- Require a contractual clause confirming in writing the disclosure wording.
- Place the mention within the first 150 characters, enable the platform’s “Paid Partnership” button, and add an oral reminder within the first ten seconds.
- Keep a post-launch audit trail (archived screenshots for at least twenty-four months).
Copyright and use of protected content
Key principles (France and Belgium)
Adopt the “permission first” reflex : neither France nor Belgium recognizes broad fair use. Exceptions are strictly limited to short quotation, parody, news reporting, or incidental inclusion, with mandatory attribution.
Demystifying music licenses
Section in progress — come back soon for a complete overview of licenses : creator library, sync license, covers, and the status of remixes.
Toolbox for implementation
Compliance workflow for creator teams
- Rights review in pre-production : validation of scripts, images, and music.
- Build disclosure mentions into shot lists or teleprompters.
- Set up automated post-upload monitoring (YouTube Studio alerts, Meta Brand Collab Manager) and resolve any dispute within seventy-two hours.
Sanctions, case studies, and takeaways
Notable enforcement actions
In 2024, a French crypto influencer paid €20,000 and was banned from monetization on Instagram for six months for hiding paid token promotions.
In 2023, a Belgian beauty vlogger lost two brand contracts after a JEP decision pointing to the absence of an advertising label at the beginning of a video with a promo code ; the case reignited the debate on the different influencer levels and their respective obligations.
What went wrong and how to avoid it
In both cases, disclosure was incomplete or late. A three-point corrective plan — updating contractual clauses, training on caption best practices, and quarterly audits — would have prevented the sanctions.
Outlook and strategic recommendations
Future Belgian influencer law (2025 – projected)
The draft should bring the Belgian framework closer to the French model : mandatory contracts, prohibited sectors, and criminal sanctions.
Brands have an interest in preparing template clauses and influencer onboarding checklists now, especially after the recent bankruptcy of Influo, which highlighted the need for regulatory oversight.
Cheat sheet
Disclosure : FR — “advertising” / “commercial collaboration” first line + oral reminder ; BE — #pub / #adv / #collab first line (immediately visible).
Copyright : no fair use ; rely only on short quotation, parody, news, or incidental inclusion, with attribution.
Music : platform library = low risk ; commercial track = Content ID ; modified cover = license required.