The influencer marketing industry in the EU is projected to exceed €20 billion by 2027, yet many creators still sign brand deals without understanding the legal implications of the contracts they're agreeing to. These agreements often include broad content licences, restrictive exclusivity clauses, and payment terms that allow brands to delay or withhold fees for months. EU law provides some unique protections — particularly around copyright, unfair contract terms, and advertising disclosure — but you need to know what to look for before signing.
What is a Brand Partnership?
An influencer brand partnership contract is an agreement between a content creator (influencer) and a brand (or their agency) for the creation and distribution of promotional content. It typically covers deliverables (number and type of posts), platforms, timelines, compensation, content ownership and licensing, exclusivity, disclosure requirements, approval processes, and termination conditions. In the EU, these contracts are subject to copyright directives, consumer protection rules, and advertising regulations.
Red flags to watch for
A perpetual licence means the brand can use your content forever without additional payment. Under EU copyright law (Directive 2019/790), creators have strong moral and economic rights that should not be signed away lightly.
An exclusivity clause preventing you from working with any competitor in a broad category (e.g., all beauty brands) for 6-12 months dramatically limits your earning potential.
The EU Late Payment Directive (2011/7/EU) applies to B2B transactions and sets a default payment term of 30 days. Terms of 60-90 days are common but disadvantage the creator.
Open-ended revision requirements turn a fixed-fee agreement into an hourly rate nightmare. Each round of revisions should be scoped and compensated.
The brand may use your content in paid ads, on billboards, or in third-party campaigns without additional compensation if usage rights aren't clearly defined.
While influencers must comply with advertising disclosure rules, the brand also has legal obligations. A contract that places all regulatory risk on you is one-sided.
Your legal rights
Under the EU Copyright Directive 2019/790, creators retain moral rights to their work and have the right to appropriate and proportionate remuneration (Article 18). The principle of contractual adjustment (Article 20) allows creators to request additional remuneration if the original fee is disproportionately low compared to the revenues generated. The Unfair Commercial Practices Directive (2005/29/EC) requires that all commercial content be clearly identifiable as advertising. National implementations vary — France's Loi Influenceurs (2023) is particularly strict, requiring written contracts for deals over a certain value and banning promotion of certain products. The EU Late Payment Directive (2011/7/EU) protects against unreasonably long payment terms. The Unfair Contract Terms Directive (93/13/EEC) may apply if the influencer is acting as a consumer rather than a business.
Questions to ask before you sign
- 1What specific usage rights am I granting — organic, paid ads, third-party, print?
- 2Is the content licence time-limited or perpetual, and can I revoke it?
- 3What is the exact payment timeline after content delivery and approval?
- 4How many revision rounds are included, and what is the fee for additional rounds?
- 5What is the duration and scope of any exclusivity clause?
- 6Who is responsible for advertising disclosure compliance — me, the brand, or both?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.