Influencer marketing involving children is increasingly attractive to advertisers. Before launching a campaign with a kid influencer, here are the key points to verify to remain legally compliant and to protect both the child — and your brand.
Does the Activity Require an Authorisation?
As soon as a child appears in content in return for remuneration, even if this takes the form of a free product, the activity is legally classified as work. The mere provision of a product or service is also considered an assignment by an advertiser, as soon as that product or service is featured on social media.
An individual authorisation must therefore be obtained from the FPS Employment, Labour and Social Dialogue.
The same rule applies when the child appears in content alongside one of their parents.
Is the Child’s Best Interest Guaranteed?
The activity must, of course, not compromise the minor’s well‑being.
This implies, on the one hand, verifying that the volume of work authorised by law according to the child’s age is not exceeded, and, on the other hand, ensuring that the collaboration does not endanger the kid influencer’s physical, psychological or moral integrity.
Any income generated by the child must be paid into an individual savings account, blocked until the child reaches the age of sixteen.
Obtaining All Required Consents
The contract must be concluded with the parents and must clearly regulate all intellectual property aspects (duration, media, territories, etc.).
With regard to image rights, it is advisable to also obtain the consent of the minor aged 12 or over, in addition to the consent of the parents.
Is the Content Appropriate for the Kid Influencer’s Audience?
Advertising aimed at children must clearly relate to products suitable for children (no alcohol, no food products that are excessively fatty, salty or sugary).
Advertising content is also more readily considered misleading when addressed to a young audience.
Is the Commercial Nature of the Content Sufficiently Transparent?
A kid influencer remains an influencer. Sponsored content must be clearly identified as such. Brands may therefore contractually require the influencer to inform their followers that the content constitutes a commercial communication.
Our advice:
Ensure compliance with the legal framework governing the involvement of young influencers in order to avoid reputational damage and negative publicity.
If competitors fail to comply with these rules, such conduct may qualify as unfair commercial practices. An injunction action may therefore be considered.
