Monetised family videos, scripted challenges, product placements: once a child becomes a communication vehicle, the law no longer sees a pastime but a professional activity, with the authorisations, social obligations and financial safeguards that come with it.
I need helpOnce the publication of a child under sixteen's image is profit-making and sufficiently regular, the activity is treated as work: it requires an individual administrative authorisation or approval of the structure, escrow of most of the earnings with the Caisse des dépôts until adulthood, and compliance with the child's right to have content removed.
The rise of influencer marketing has profoundly disrupted the balance between the private and economic spheres, particularly when children become communication vectors for brands, or are themselves featured in monetized content.
YouTube, TikTok, Instagram, or Snapchat have become the daily stage for family videos or scripted challenges involving minors, sometimes only a few months old.
While the digital creativity of families may, at first glance, seem harmless, it actually conceals major economic, psychological, and legal challenges. Faced with the risks of instrumentalization, undeclared work, or revenue appropriation, the French legislator has progressively established a specific legal framework aimed at protecting minors exposed on digital platforms.
This framework is primarily based on the law of October 19, 2020 (known as the"Studer Law") and its implementing decree of April 28, 2022, codified in articles L7124-1 et seq. of the Labor Code.
Law n°2020-1266 of October 19, 2020, amended Article L7124-1 of the Labor Code to include videos whose main subject is a child under 16 years old disseminated for lucrative purposes on sharing platforms.
This lucrativity criterion encompasses both explicit commercial collaborations and content monetized via advertising or subscriptions.
Influencer activity thus becomes comparable to a form of artistic work, in the same way as modeling or participation in a film.
To involve a child in such an activity, two paths are possible:
- A contract concluded through a modeling agency holding an approval; - A direct employment contract between the child and their legal representatives, provided that the latter hold an approval issued by the prefect.
In both cases, prior individual authorization is required for each shoot. This authorization, processed by the DRIEETS (Regional and Interdepartmental Directorate for Economy, Employment, Labor, and Solidarity), imposes rigorous control over the morality of the role, the working hours (especially in the evening or during the week), and schooling conditions \\ [1\\].
A medical examination is also mandatory, performed by a pediatrician or general practitioner, to certify that the child is capable of participating in the activity without danger to their health or development \\ [2\\].
Parental approval is issued for one year, renewable, after a concurring opinion from a departmental commission including, notably, a juvenile judge, a doctor, and a representative of national education \\ [3\\].
The decisive test is not the channel's fame but whether publication of the child's image is profit-making and regular.
Three situations, three regimes for children online
Family videos without monetisation
Occasional monetised publication
Regular channel with product placements
Direct contract with a brand
| Situation | Characterisation | Formality | Treatment of earnings |
|---|---|---|---|
| Family videos without monetisation | Private life, not a professional activity | None, but both parents' consent and respect for the child's interests | Not applicable |
| Occasional monetised publication | Small-scale profit-making activity | Declaration to the administrative authority above the set threshold | Partial escrow depending on amounts |
| Regular channel with product placements | Activity treated as child performer work | Individual authorisation or approval of the structure | Most earnings escrowed until adulthood |
| Direct contract with a brand | Employment contract or regulated engagement | Prior authorisation and written contract | Remuneration escrowed, limited share left to the parents |
Article L7124-9 of the Labor Code stipulates that all sums received for the child's activity must be paid to the Caisse des dépôts et consignations (CDC).
This escrow is mandatory, whether it concerns direct revenues (brand contract) or indirect revenues (view monetization).
This mechanism aims to prevent any abusive appropriation by parents, third parties, or platforms. The money is frozen until the minor reaches the age of majority, unless an exemption is granted by the administration.
Parents who have obtained approval are considered employers. They must therefore:
- Declare the child's income to the URSSAF; - Ensure their affiliation to social protection; - Justify compliance with compulsory education and the child's mental and physical health, by referring to the regulations applicable within the national collective bargaining agreement for adult models and child models under 16 years old employed by modeling agencies of June 22, 2004.
The law here enshrines increased responsibility for families in managing an activity that cannot be left to subjective appreciation or sole economic profitability.
Escrowed sums belong to the child: parents cannot use them freely and answer for any misuse.
Currently, French law does not provide for any direct control obligation for platforms hosting content (YouTube, TikTok, etc.). They are neither subject to approval verification nor required to prevent the monetization of content involving unauthorized minors.
The Digital Services Act (EU Regulation 2022/2065), applicable since 2024, strengthens general obligations for the protection of minors, but does not specifically address child influencers.
France is a pioneer in this field. No other European country has, to date, established such a comprehensive framework. Harmonization at the European Union level would help combat circumvention (platforms domiciled abroad, videos published from other member states).
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Contact our lawyersThe legal framework for child influencers established by the Studer Law and the decree of April 28, 2022, constitutes a major advancement.
It recognizes the professional nature of minors' digital activity, institutes rigorous control, strong asset protection, and increased parental responsibility.
This framework is, however, perfectible: an extension of control to platforms, verification of monetization, and European cooperation are the next essential steps to truly protect children in the globalized digital environment.
Bringing a child influencer's activity into compliance
01Characterise the activity
Determine whether publication is profit-making and regular enough to fall under the regime for child performers, or under the declaration threshold applying to smaller earnings.
02Obtain the authorisation or approval
Apply for prior individual authorisation from the administrative authority, or for approval of the structure where the activity is recurrent, documenting filming conditions and time spent.
03Set up the escrow of earnings
Open the escrow account with the Caisse des dépôts and pay in the share of remuneration due to the child, locked until adulthood or emancipation.
04Secure brand contracts
Frame partnerships with contracts specifying duration, media, territories, the exclusion of degrading content and the terms for removing publications.
05Guarantee the right to removal
Allow the child to obtain deletion of content concerning them directly from the platforms, without needing their legal representatives' consent.
Our lawyers advise creator families, agencies and brands on compliance for content featuring minors, from administrative authorisations to partnership contracts. See also our child influencer lawyer and influencer contract lawyer pages. Contact the firm: we answer every enquiry within 24 hours.
Family posts without a profit-making purpose require no administrative authorisation, but they do require both parents' agreement and respect for the child's interests. As soon as publication becomes regular and generates income, the activity falls under the child-work regime, with individual authorisation or approval.
The child does. Most of the sums are escrowed with the Caisse des dépôts et consignations until adulthood or emancipation, the legal representatives keeping only a limited share for costs linked to the activity. Misusing those sums engages their liability.
Yes. The minor has a right to removal that can be exercised directly with the platforms, without their legal representatives' consent. Services must handle such requests quickly, which is a concrete expression of the right to erasure for content published during childhood.
They face criminal penalties for unauthorised employment of a minor, proceedings for undeclared work where remuneration is not declared, and child-protection measures where exposure harms the child's interests. Civil liability may also be pursued by the child once they reach adulthood.
They are, under their own obligations: checking that authorisations exist, complying with the rules on advertising aimed at minors and refraining from degrading content. A brand contracting with a creator parent without verifying these points runs a significant reputational and litigation risk.
No. French law is among the most protective, and several neighbouring States have no specific regime. European work is moving towards harmonisation, driven in particular by the obligations to protect minors imposed on platforms by the Digital Services Act.
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About the author
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Admitted to the Paris Bar, Maître Raphaël MOLINA is a co-founding partner of INFLUXIO and has specialized in intellectual property law and digital law for several years.
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