Decree 2026-233 of March 30th, 2026, specifies the mandatory content of each promotional activity for training related to commercial influence and combating abuses on social media.
Each promotional activity aimed at enrolling individuals in professional training programs funded by public funds such as the CPF (Personal Training Account) must therefore include certain mandatory information.
This new presentation requirement complements the legislative framework concerning the influencer market, initiated by Law 2023-451 of June 9th, 2023. Its purpose is to put an end to opaque practices in the promotion of professional training funded by the CPF.
1. Persons Affected by the Decree and Purpose of the Decree
Article 5, II of Law No. 2023-451 of June 9, 2023, stipulates that when an influencer's promotion concerns a professional training program funded by public funds, the reference to Article 5-2 of the same law must include certain information, the implementation details of which are not defined.
This is what Decree No. 2026-233 of March 30, 2026, addressed.
This decree of March 30, 2026, applies to all natural and legal persons engaged in commercial influence activities via electronic means, also known as influencers.
This decree clarifies Article 5 of Law No. 2023-451 of June 9, 2023, which aims to regulate commercial influence and combat abuses on social media.
This decree aims to clarify for influencers promoting professional training the mandatory information they must include in their published content.
2. Mandatory Information
2.1. Public Funding
The decree requires influencers to disclose in their content the public funding status of the training they are promoting.
The target audience must be immediately informed of "the existence of commitments and eligibility rules associated with this initiative."
The content published by the influencer (stories, Instagram posts, TikTok videos, YouTube videos) must, for example, mention "training funded by public funds" or "training funded by the CPF (Personal Training Account)."
To ensure the audience is fully informed, the promotional content must include a reference to the applicable regulations, via a hyperlink, a link to a dedicated website, or an informational message.
2.2. Identification of training providers and subcontractors.
The promotional content must also include the company name of the training provider and, where applicable, the provider referenced by the CPF (Personal Training Account).
This information must be supplemented by the SIRET number (French business registration number) of these providers.
When the training is outsourced by the provider to a subcontractor, the subcontractor's information must also be included (company name and SIRET number).
2.3. Presentation of this information.
The decree specifies the requirements for presenting the information listed above, requiring the influencer to display it in a "legible or audible" manner, depending on the medium.
It adds that this information must be distinguishable from the promotional message and other mandatory information.
This clarification aims to ensure that the aforementioned mandatory information is sufficiently prominent to ensure the audience is well-informed and not buried within the body of the promotion or among other mandatory information!
In summary – mandatory information to include:
• The public nature of the vocational training funding, accompanied by a reference to the applicable regulations;
• Identification of the training provider and any subcontractors:
• Company name of the provider or subcontractor;
• SIRET number of the latter;
• Presentation of this information: This information should be present throughout most of the promotional content; in a dedicated space large enough to be clear, legible, and understandable to the audience.
To read the full article, click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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