The importance of the APE code in the influence condition

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Cons Under the General Data Protection Regulation (GDPR) in Europe , influencers are also required to handle their subscribers’ personal data securely. This includes the obligation to obtain explicit consent from users before collecting their data, inform them about the use of this data, and allow subscribers to exercise their rights to access, correct, and delete their personal information. Failure to comply with the GDPR can result in significant fines , which highlights the importance of influencers understanding and complying with these obligations.

KOLs must also comply with intellectual property rights, both to protect their own content and to respect tomorrow’s copyrights. This includes using copyrighted music, videos, and photos in their posts. Violations of these rights can lead to disputes and damage the influencer’s credibility. Partnership contracts with brands should also include clear clauses regarding the ownership and use of content created as part of these collaborations.

The legal framework for influencer status is a constantly evolving field, reflecting the rapid growth and importance of this sector. Therefore, influencers should diligently understand and comply with applicable laws and, at a minimum, be advised to consult legal professionals to effectively navigate this complex landscape.

The rights and obligations of influencers under the law
As we have seen above, KOLs have the right to protect their image and content, and can take legal action in the event of infringement of these rights, in particular against those who use their image or creations without authorization.

Protecting intellectual property is crucial for influencers, whether their original content, photos, videos, texts or other forms of content, will only be their main activity and source of information. Violation of these rights can lead to significant financial losses and damage their reputation.

Influencer obligations are also a crucial aspect of your business. You must declare all expenses, including membership fees, advertising, and product sales, and pay the corresponding fees. Depending on your legal status (sole proprietorship, sole proprietorship, corporation), the procedures for declaring and paying taxes vary.

Influencers must maintain strict accounting and respect tax areas to avoid penalties. This payroll management system requires the assistance of a public accountant to ensure that all obligations are properly met.

When dealing with their influencer partnerships with brands, content creators must pay particular attention to the confidentiality and non-compliance clauses in their contracts. In addition, you must respect the rights of the brands you collaborate with, taking care not to distribute content that could damage the reputation or rights of these brands. Ignoring these obligations can lead to litigation and damage your professional credibility. This is complemented by all the elements studied a little earlier in this article.


The APE code (main activity carried out) is a crucial call at the time to define the status of the influencer in France. This code, assigned by INSEE (National Institute of Statistics and Economic Studies), allows to classify the professional activity of an individual or a company. For influencers, the choice of the APE code is decisive because it not only guides tax and social obligations, but also the social benefits they can apply for.

The APE Code has a direct influence on the influencer's social security system depending on the main activity declared: depending on the type of activity declared, social security contributions can, however, vary considerab administration directors email database ly. An influencer who invests mainly through commercial partnerships and sponsored content may be classified with a different APE code than an influencer who sells products or offers communication consultancy services. Recognizing the distinction is important as it affects the contribution rate and social benefits such as pension, health insurance and family benefits.

From a tax perspective, the APE code also has a significant impact. The applicable tax regimes may differ depending on the type of activity declared. Influencers may be subject to either the industrial and commercial supplies (BIC) or non-commercial supplies (BNC) regime, depending on their main activity. Those who sell physical or digital products may be subject to the BIC regime, even if their main activity is the provision of services they may be subject to the BNC regime. This classification not only affects the way income is declared, but also has the possibility of deducting taxes, such as corporate waste.

Choosing the code is a strategic step for influencers when registering their activity . A bad choice can lead to administrative complications and inappropriate social and tax burdens. During this stage, it is generally recommended that you be very careful and consult a public accountant or legal advisor to ensure that the chosen APE code accurately reflects the nature of your activity.