The right to advertise products and services is derived from the freedom of commerce and the freedom of expression, which are both fundamental constitutional rights in France.

Unfair commercial practices, including deceptive advertising, are governed in France by various laws, which have been codified in the French Consumer Code. The Consumer Code also contains specific provisions on the advertising of financial services, while the Public Health Code sets out the specific rules for advertising tobacco, alcohol, drugs and food. Data protection, including data for marketing purposes, is regulated by the European GDPR and the 1978 French Act on Data Protection (Loi Informatique et Libertés).

The main authorities for the enforcement of advertising and marketing laws and regulations in France are:

• the Direction Générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF – the state administration);
• the criminal courts;
• the Commission Nationale de l’Informatique et des Libertés (CNIL), which is responsible for privacy rules;
• the Autorité de régulation de la communication audiovisuelle et numérique (ARCOM), which is the audiovisual watchdog; and
• the Autorité de régulation professionnelle de la publicité (ARPP), which is the professional self-regulatory body.

DGCCRF

The DGCCRF is part of the Ministry of Economy and is the main enforcement authority. Its mission is to protect consumers from unfair commercial practices, deception and fraud, and its inspectors have extensive powers to conduct investigations. Where it considers an advertisement deceptive, the DGCCRF may refer the matter to the criminal court public prosecutor, or issue an injunction (which may be published online) to end the advertisement subject to a daily penalty, or negotiate a settlement for a transactional fine validated by the public prosecutor.

Criminal Courts

Unfair commercial practices, such as deceptive advertising, are criminal offences. The public prosecutor is informed by the DGCCRF of the results of its investigations, and may bring the matter before the criminal courts. Sanctions for a natural person may be up to two years' imprisonment and a fine of up to EUR300,000; for a legal person, a fine of up to EUR1.5 million is possible. The fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, or to 50% of the expenditure of the advertising or practice concerned. France is currently adapting national law to multiple EU regulations (“DADDUE Bill”). Under the DADDUE bill, a fine of up to EUR2 million would be possible for “widespread infringements” (with a Union dimension).

CNIL

The CNIL is France’s data protection authority. Its mission is to protect individuals’ privacy and personal data, including when data is used for marketing purposes. It ensures that data collection and use comply with the GDPR and the French Act on Data Protection. The CNIL has the power to investigate, to issue injunctions and to fine entities that violate the rules.

ARCOM

The ARCOM is an independent administrative body in charge of the regulation of the audiovisual media. Its mission includes promoting major social values in audiovisual media, such as the protection of minors, respect for women’s rights, combatting discrimination, balanced representation of French society, accessibility and disability, and the defence and promotion of the French language. The ARCOM may act against media if audiovisual programmes, including advertising, do not comply with such values.

ARPP

The ARPP is the French advertising self-regulatory authority. Its mission is to maintain high standards of truthful and ethical advertising, while safeguarding freedom of expression and creativity.

Criminal Liability

Deceptive advertising is a criminal offence under French law. Both natural persons (eg, the head of the company or a person with delegated authority) and legal persons (ie, the company itself) may be prosecuted and held criminally liable for deceptive advertising. Criminal liability is personal, so the criminal court will seek to determine each person’s actual personal liability in the creation and broadcast of the deceptive advertisement. The advertiser is the most likely to be held liable, but depending on the circumstances others – eg, the media/publisher, advertising agency or influencer – may be liable as co-authors or accomplices.

Civil Liability

A competitor could bring a civil tort action for deceptive advertising against the advertiser. As a violation of the law, a deceptive advertisement necessarily gives the perpetrator a competitive advantage, which is in itself considered an act of unfair competition under French tort law. Consumers and consumers’ associations may also bring civil action against advertisers or any other persons breaching the law on deceptive advertising.

French consumer law uses the term “commercial practices”, which is defined as any action, omission, conduct, approach or commercial communication, including advertising and marketing, by a professional, directly related to the promotion, sale or supply of goods or services, or relating to rights and obligations.

The French Supreme Court (Cour de cassation) defines advertising as any means of information enabling a potential customer to form an opinion on the results that can be expected from the goods or services offered by the advertiser, and on the characteristics of the goods or services offered (Cass. com., 6 May 2008, no 04-19.713).

For industry professionals, the ICC (International Chamber of Commerce) Advertising and Marketing Communications Code (upon which the self-regulatory ARPP code is based) defines “advertising” or “advertisement” as any form of marketing communications carried by the media, typically in return for payment or other valuable consideration.

The right to advertise products or services arises from the freedom of commerce and from the freedom of expression. Pre-approvals are not generally required.

Pre-approval is required in the following circumstances.

• Pre-approval is required for advertisements on TV and on-demand services (VoD, catch-up TV, etc). Advertisers must submit the intended commercial to the ARPP, which checks legal and ethical compliance and may, if necessary, require changes prior to broadcast.
• Advertising for drugs is very limited but, when allowed, all advertisements targeting health professionals and consumers are subject to prior review by the Agence nationale de sécurité du médicament et des produits de santé (ANSM).

Based on Article 9 of the French Civil Code (right to private life), the French courts have ruled that every person has an exclusive and absolute right to their image and may object to the recording, reproduction or use thereof without prior authorisation. This covers both their picture and their voice where the person is identifiable.

Article 226-8 of the French Criminal Code also prohibits “deepfake” images or videos, where a machine has been used to reproduce the image or the voice/words of an individual, without consent.

The ARPP is the French advertising self-regulatory authority. It is a non-profit association of advertisers, agencies and media, independent from the public authorities and funded by membership, pre-clearance and training fees.

The ARPP has issued ethical codes, based on the ICC codes, and its mission is to maintain high standards for truthful and ethical advertising. The ARPP is in charge of the mandatory clearance for TV and VoD advertisements (see 1.5 Pre-Approvals).

The ARPP’s independent Jury de Déontologie Publicitaire (JDP) reviews consumer complaints alleging breaches of the ARPP’s ethical codes. Its procedure is free of charge, its decisions are non-binding, and all decisions are published on its website.

A consumer may complain to the DGCCRF, which investigates misleading advertising, through its online platform SignalConso, or directly to the police or public prosecutor and bring a claim for monetary damages.

A consumer can bring a civil action before civil courts to obtain damages.

Some consumer associations have a right to act on behalf of the general interest of consumers, against advertisers, to obtain an injunction from a civil court to cease illicit advertising practices as well as damages. However, in such actions, individual consumers do not receive any monetary damages.

Some consumer associations may bring a group class action against an advertiser for deceptive advertising practices. Consumers who have joined this group class action may receive financial compensation for the damage they suffered.

If the consumer believes that an advertisement may breach the ethical code of the ARPP, they can bring a complaint before the JDP (see 1.7 Self-Regulatory Authorities).

The French authorities have notably focused on greenwashing, unsolicited phone calls, deceptive price promotions, dark patterns and the regulation of commercial influencers.

Greenwashing

The DGCCRF has been targeting misleading environmental claims, including claims that suggest an environmental benefit without adequate substantiation, such as advertising a reduction in greenhouse gas emissions, as well as claims that misleadingly suggest an overall environmental benefit without identifying any significant environmental impact (“eco-friendly delivery”). France is also currently preparing the transposition of the EU Directive No 2024/825 Empowering Consumers for the Green Transition (“Greenwashing Directive”).

Cold Calling: New “Opt-In” Regime

A new law was adopted on 30 June 2025 to limit unsolicited phone calls from advertisers. Since August 2026, it has been prohibited to call consumers without having obtained the consumer’s prior opt-in consent to such solicitation.

Deceptive Price Promotions on Fast Fashion Websites and Dark Patterns

The DGCCRF has been focusing on fast fashion websites, demonstrating that most of their price promotions were deceptive. In July 2025, the DGCCRF issued a EUR40 million transactional fine against the ultra-fast fashion site SHEIN, and a EUR1.3 million transactional fine against Pretty Little Things. The DGCCRF has also stepped up its fight against dark patterns in e-commerce, opening 170 investigations in 2025.

Regulation of Commercial Influencers

The DGCCRF has inspected more than 280 commercial influencers, 129 of whom were found to be in breach of the law. The breaches included failing to disclose commercial intent, making health and cosmetic claims, promoting false discounts, and advertising products and services in prohibited sectors, such as lotteries, financial products and sports betting, as well as, more recently, ultra-fast fashion products.

Under Law No 94-665 of 4 August 1994, the use of the French language is mandatory in all written, spoken or audiovisual advertising in France. Claims, slogans, legal notices or informational notices formulated in a foreign language must be accompanied by a translation into French, which must be visible and understandable.

In 2017, France introduced rules governing images of models in advertising. Models (adults and minors) must obtain a medical certificate confirming that they are able to work, taking into account their Body Mass Index (BMI) and nutritional status. Digitally altered images modifying a model’s silhouette (thinner or thicker) must also display the label “retouched photograph”.

Advertisers must also follow the ethical codes published by the ARPP, and are subject to vigilance and scrutiny from the public and various associations.

The legislature focuses on the effectiveness and speed of the enforcement of advertising rules, especially as consumers are increasingly being deceived by influencers and e-commerce sites.

Deceptive advertising is a criminal offence. Only a criminal court can rule that advertising is deceptive, but it may take years to obtain a definitive ruling. To speed up enforcement, the powers of the administration have recently been expanded.

The Act of 9 June 2023 has granted the DGCCRF the power to issue daily penalties of up to 0.1% of an offender’s global turnover (with a total maximum of 5% of its global turnover), which are payable until the advertiser complies with the order. The Act of 30 June 2025 aligned the administrative fine for refusing to comply with a DGCCRF order with the criminal fine for deceptive advertising. Although the advertiser may ultimately challenge the order and the fine before the courts, payment of the administrative fine occurs first. This is a very significant incentive to comply with the position of the administration.

Deceptive or misleading claims require two cumulative conditions:

• a material element characterised by the false nature of the advertisement; and
• a subjective element relating to the effect produced on the average consumer.

The first condition, the material element, occurs when the information given to the consumer is false or otherwise untruthful, or likely to deceive the average consumer.

The second condition, the subjective element, occurs when the deceptive information materially distorts or is likely to materially distort the average consumer’s economic behaviour in relation to the product. It is sufficient to establish a likelihood of distortion (no need to prove actual changes in consumer behaviour).

In addition, the French Consumer Code provides a list of 28 practices that are deemed to be misleading in all circumstances; this is the transposition of the list contained in EU Directive 2005/29. This claims blacklist will soon be expanded to include 12 new “greenwashing” practices introduced by the Greenwashing Directive (see 2.6 Environmental Claims).

Most claims are not regulated, but the advertiser must be capable of demonstrating the truthfulness of its claims. In some specific sectors, the advertiser’s freedom of expression is restricted for overriding public-interest purposes, such as health and safety. Some claims are strictly defined, such as health claims on food products, which must meet pre-defined criteria of EU Regulation (EC) No 1924/2006 on nutrition and health claims made on food.

There is no distinction in law between express and implied claims. Implied claims may also be considered as deceptive, depending on the factual circumstances.

Hyperbolic, parodic or humorous claims that cannot be objectively measured are not necessarily problematic, provided the average consumer would not be misled. On the contrary, specific claims such as “the best”, “the number one”, “the first”, etc, must be supported by factual elements.

Advertising claims must be substantiated by precise and accurate information. Supporting evidence may include consumer surveys, price reports, scientific tests, product specifications, analyses, benchmarks, etc. Claims may refer to test results to promote a product, but references to tests must not be misleading. For example, in the cosmetic sector, the ARPP recommends distinguishing clearly between objective performance testing of a cosmetic product and subjective satisfaction tests.

There are no specific rules on product demonstrations, which are subject to the same standards of truthfulness as other advertising practices. Therefore, product demonstrations must be accurate in their description of the product’s performance under normal use.

The use of endorsements and testimonials is not specifically regulated by general advertising laws. As advertising, they must be identified as such, and must be truthful and not misleading.

The ARPP has issued a recommendation on this topic, stating, in particular, that endorsements and testimonials must be authentic, verifiable and up to date. If the testimonial is sponsored, this must be clearly indicated. Testimonials must be from individuals or public figures with appropriate expertise, and must be based on experiments carried out by the person themselves.

Environmental claims follow the same rules as any other advertising claims under the French Consumer Code.

There are also specific provisions. For example, under French law, it is prohibited to label a product or packaging with the words “biodegradable”, “environmentally friendly”, or any other equivalent wording (Article L.541-9-1 of the Environmental Code).

In addition, the Greenwashing Directive introduces key measures which include a list of 12 prohibited misleading green claims, and a requirement that any sustainability label be verified by an independent third party (putting an end, in particular, to self-declared labels), as well as a ban on generic environmental claims (eg, “eco-friendly”) that are not backed by an official European standard such as the EU Ecolabel.

The Greenwashing Directive applies from 27 September 2026 across all member states. Transposition is being carried out through the “DDADUE bill”, and adoption is scheduled for autumn 2026.

Regarding enforcement, since 2021, misleading “greenwashing” claims may be sanctioned by a fine of up to 80% of the costs of the advertising campaign (instead of 50% for regular claims).     

In October 2025, the Paris Court handed down the first judicial ruling, finding TotalEnergies liable for misleading carbon-neutrality and “energy transition” claims. In June 2026, the same court sanctioned Volvic, a bottled-water brand owned by Danone, for environmental misleading claims “certified carbon neutral”, and “100% recycled” used on water bottles.

In principle, claims must be truthful and clear, without the need to add a disclaimer or a corrective statement. In cases where there is an obligation to make legal statements, or when it is nevertheless a good practice to make a corrective statement or a disclaimer, the ARPP has issued ethical rules to make sure that such statements are understandable for consumers. Such statements must be displayed horizontally and must use legible, well-contrasted characters of sufficient size. Specific guidelines are listed for each medium – TV, press, digital, radio, etc.

There are many other claims that are regulated by law. For example, claims on a protected geographical indication are strictly reserved for products that meet the specifications of this registered geographical indication. Other claims on origin, such as “made in France”, must be substantiated in accordance with customs rules. Other sectoral claims are regulated through codes established by the relevant professional organisations. 

In April 2026, four major retail chains were targeted by the DGCCRF for misleading practices on the French origin of fruits and vegetables, which led to injunctions to stop these practices within six months.

The ARPP guidelines on “image and respect for the individual” provide that advertising must not objectify human beings, and in particular women. It must not endorse a person’s inferiority on any discriminatory ground (gender, origin, social group, sexual orientation or identity), nor promote exclusion, intolerance or sexism, even indirectly.

In 2026, the JDP found that an advertisement drawing a demeaning comparison between a woman, portrayed as lacking any sense of direction, and a “well-equipped” Volkswagen car was sexist and contrary to the cited guidelines.

For TV and radio advertising, the Law on Freedom of Communication (Law No 86-1067) provides that the ARCOM is in charge of promoting social cohesion and diversity, and of combatting discrimination in the field of audiovisual communication, including in advertising. Viewers can bring complaints to the ARCOM, which may issue orders to comply, followed by fines if no action is taken.

To directly urge children to purchase a product, or to persuade their parents to purchase such product, is misleading advertising under the French Consumer Code.

The European Digital Services Act (DSA) bans targeted advertising to minors on online platforms.

With regard to self-regulation, the ARPP has issued a recommendation on advertising to children, stating that advertising aimed at children must be easily identifiable and socially responsible. Advertisements must not harm their physical or moral integrity, dignity or decency, distress them, depict or incite violence, or show products used in unsafe ways.

Among recent decisions, the JDP (see 1.7 Self-Regulatory Authorities) ruled that a social-media ad for a mobile phone plan encouraging teenagers to keep using their phone at night, against the wishes of their parents, who had cut off the Wi-Fi in the evening, breached the ethical rules protecting children by ridiculing and undermining parental authority.

According to the DSA, dark patterns are interface designs used on online platforms that materially distort the ability of consumers to make an informed choice. In November 2023, the DGCCRF issued a list of dark patterns that it considers to be unfair commercial practices. This list, published on the DGCCRF website, is not exhaustive but includes:

• false countdown timers;
• fake low stock;
• fake activity notification (“other consumers are looking to buy”, etc);
• “sneak into basket” (paying for goods or services already included in the basket);
• pre-selection (for example, a pre-ticked box that the consumer has to untick);
• “roach motel” (making it very difficult to find the termination process or the subscription process);
• hidden costs; and
• disguised advertisement.

As misleading practices, dark patterns may constitute unfair commercial practices prohibited by Article L.121-1 of the French Consumer Code. Article 25, Section 1 of the DSA also provides that providers of online platforms should not design dark patterns, and French law prohibits dark patterns for the termination of consumer contracts (Article L.215-1-1 of the French Consumer Code).

Advertising must be clearly identified as such, and must contain the name of the advertiser; an advertisement in which the advertiser is not clearly identifiable is listed as a misleading commercial practice. Under the DSA, the commercial nature of the message published online or on social media must be displayed prominently on the social media platform.

Consumers should not be led to believe that they are viewing editorial articles rather than commercial advertisements, which is classified as a misleading practice under French law. In August 2023, the DGCCRF imposed a fine of EUR650,000 on media seller Taboola, which had published advertisements disguised as editorial content.

The ARPP has issued guidelines providing that when the online “brand content” (advertisement) is displayed among online editorial content, it should be apparent and not copy the presentation of the editorial content. If there is a risk of confusion with editorial content, a specific disclosure must be included (“content created by brand X”).

Comparative advertising is advertising that compares goods or services by implicitly or explicitly identifying a competitor or goods or services offered by a competitor. Comparative advertising is allowed, but is regulated by Articles L.122-1 to L.122-7 of the French Consumer Code.

To qualify as comparative advertising, three cumulative conditions must be met:

• there must be a commercial message that makes a comparison;
• there must be a competitive relationship; and
• the competitor or its products must be identifiable.

However, the identification may be implicit – the competitor’s name does not need to be quoted.

To be lawful, comparative advertising should:

• not be misleading or likely to mislead;
• not relate to goods or services that meet the same needs or have the same purpose; and
• objectively compare one or more essential, relevant, verifiable and representative characteristics of those goods or services, which may include price.

In addition, to be lawful, comparative advertising should not:

• take unfair advantage of the reputation attached to the competitor’s trade marks or any distinctive signs;
• discredit or denigrate the competitor’s trade marks or any distinctive signs;
• create confusion between the advertiser and a competitor or between the advertiser’s trade marks and those of the competitor; or
• present goods or services as an imitation or reproduction of goods or services that benefit from a protected trade mark.

An advertiser may quote the name of the competitor or its trade mark in comparative advertising, without taking unfair advantage of its reputation or creating confusion with its own trade marks. The trade mark owner may object to advertising that specifically mentions their trade mark when the use of that trade mark is intended to mislead consumers or is made in bad faith (Article L.433-11 of the French Consumer Code).

Where the comparative advertising is lawful, it constitutes an exception to the competitor’s exclusive rights in its trade mark. Where the comparative advertising is unlawful, the use of the competitor’s trade mark may amount to counterfeiting.

An advertiser can challenge comparative claims made by a competitor.

Summary proceedings are frequently used in comparative advertising to request an immediate injunction, subject to a penalty if necessary, to cease the comparative advertising. French law specifically provides that the advertiser must be able to prove the factual accuracy of its comparative claims, within a short period of time.

To obtain damages, an advertiser may also bring regular proceedings before the French commercial court. Breaching the law on comparative advertising necessarily gives the perpetrator a competitive advantage, which is considered an act of unfair competition under French tort law. Finally, if the trade mark was used in unlawful comparative advertising, proceedings for counterfeiting may be introduced.

Ambush marketing is not defined by French law, but the courts have ruled that it consists of associating oneself with sporting or cultural events in order to promote one’s image while avoiding paying the organisers and becoming an official partner.

There is no specific prohibition on ambush marketing under French law, but courts have ruled that ambush marketing is unfair competition by “parasitic behaviour”. Official partners of sporting and cultural events have sued the companies using ambush marketing on the grounds of unfair competition and have obtained remedies such as monetary damages, but also injunctions, subject to a penalty if necessary, to stop this “parasitic” behaviour. For example, the French tennis federation sued the department store Printemps in 2026 for a campaign during Roland-Garros which featured a clay tennis court, balls and rackets, and tennis-related vocabulary.

Regarding ethical rules, the ICC code states that no party should falsely pretend to be a sponsor of any event.

The prohibition of unfair commercial practices fully applies to online and social media advertising, where advertising is often disguised as content.

The French Law on Confidence in the Digital Economy (Law No 2004-575 of 21 June 2004) provides that any advertisement on the internet or on social media must be clearly identified as such, and the identity of the advertiser must be easily accessible.

The DSA provides that advertisements on social media must be clearly identified through prominent markings, and the identity of the advertiser must be specified. The platform must provide a functionality allowing users to flag a commercial communication.

When deceptive advertising has been committed through social media, the penalties are increased to five years’ imprisonment and a fine of EUR750,000 for natural persons or EUR3.75 million for a legal person.

The advertiser may be held solely or jointly liable for content posted by others on its website or on its social media channels.

The commercial nature of the message published online or on social media must be displayed prominently on the social media platform. The DSA provides that the European Commission may promote the development of voluntary standards to define “prominent markings” for advertisements and commercial communication.

In July 2026, France adopted a law banning children below 15 years of age from using social media. However, the law was declared unconstitutional by the French Constitutional Council (Conseil constitutionnel).

According to Article L.34-5 of the French Code on Post and Electronic Communications, email marketing to consumers (B2C) requires the prior consent of the consumer. Valid consent under the GDPR must be freely given, specific, informed and unambiguous, and requires a positive “opt-in” action (the CNIL recommends a checkbox); pre-checked boxes or acceptance of terms and conditions are not valid. The email must give the advertiser’s name and a means to opt out, via an “unsubscribe” link, for example.

There are two exceptions to the positive “opt-in” consent requirement.

• The first exception is if the consumer is already a client of the company for similar services or products, and if the email marketing concerns such services or products.
• The second exception is if the communication is not marketing or commercial in nature but, for example, concerns a charity.

In both cases, the consumer must be informed that their email address is being used for direct marketing and be able to opt out at any time.

Email marketing to professionals (B2B) is more flexible. While the GDPR still applies when sending marketing emails to identifiable individuals in a business context (eg, firstname.lastname@company.com), the CNIL does not require prior consent where the message is relevant to the recipient’s professional activity and includes a clear right to object.

Violations of Article L.34-5 are punishable by an administrative sanction of up to EUR375,000 when committed by a legal person, imposed by the DGCCRF. Separately and in accordance with the GDPR (Article 83, Section 5), the CNIL can also order administrative fines for non-compliance with consent obligations, of up to EUR20 million or 4% of the global yearly turnover of the company, whichever is higher.

The rules governing telemarketing currently differ depending on whether the marketing is conducted by a human operator, in which case an opt-out regime applies, or by automated calling systems, for which prior opt-in consent is required. However, the Law of 30 June 2025 now requires opt-in consent for all telephone solicitation. The implementing decrees are still pending.

Current Rules on Commercial Solicitation by Phone (Cold Calling)

When their phone data is collected, consumers must be informed that it could be used for direct marketing by phone and must be allowed to object. However, they do not need to give their prior consent by an affirmative action such as checking a box. This is an “opt-out” requirement. Contacting a consumer on the “cold-calling opposition list” is strictly prohibited.

When contacting a consumer by phone, the advertiser must give their name and the name of their company, and explain that it is a commercial solicitation. They must also inform the consumer of their right to register on the cold-calling opposition list.

New Rules on Cold Calling

From August 2026, all commercial solicitations by phone will require an opt-in consent: it will be prohibited to solicit by telephone, directly or through a third party acting on one’s behalf, a consumer who has not previously given their consent to be the subject of direct marketing by telephone.

Consent must be given by a clear affirmative action indicating that personal data concerning the individual may be used for commercial solicitation by telephone.

Opt-In Consent for Telemarketing by Automated Dialling System

When the telemarketing is carried out via an automated dialling system, prior opt-in consent is required, which may be obtained, for example, by means of a checkbox when the consumer’s data is collected. The rules and sanctions are the same as those applicable to email marketing, and they also apply to marketing carried out by fax.

The rules and sanctions for text messaging are the same as the rules for email marketing (see 6.1 Email Marketing).

On 15 May 2025, the CNIL fined SoLocaL EUR900,000 for sending more than 4.7 million text messages and emails to consumers without their prior informed consent to SMS direct marketing.

Targeted advertising is delivered by placing cookies on the user’s terminal to learn about their browsing habits. Article 82 of the French Data Protection Act, transposing Article 5.3 of the European Directive on ePrivacy, governs the rules concerning the placement of cookies for targeted advertising.

Any cookie placement on a user’s terminal requires the prior positive informed consent of the consumer, unless it is for the sole purpose of carrying out a communication over an electronic online network, or is strictly necessary in order to provide a service explicitly requested by the consumer.

Consent for targeted advertising must meet the GDPR’s strict requirements. The validity of such consent may be affected by how it is obtained – for instance, through cookie banners or so-called cookie walls. The latter, which restrict access to content unless users accept tracking, are subject to strict scrutiny under both CNIL guidance and recent European case law.

The CNIL also published recommendations in March 2026 on email tracking pixels (pixels de suivi), an alternative to cookies, clarifying operators’ obligations.

In addition, the DSA prohibits targeted advertising to minors on online platforms. Targeted advertising on online platforms is also prohibited when profiling uses special categories of personal data, such as ethnicity, political views or sexual orientation.

Among significant recent decisions, the CNIL imposed a EUR325 million fine on Google on 1 September 2025 for having placed advertisements in its clients’ inboxes without consent, and for having placed cookies when the email accounts were created, again without valid consent. An injunction to stop, within six months, has been issued, with a penalty of EUR100,000 per day being incurred for non-compliance.

On the same date, the CNIL issued a EUR150 million fine against SHEIN, a website selling fast fashion, for having placed cookies without proper consent, for not respecting the users’ choice and for not giving them proper information.

Finally, Regulation (EU) 2024/900 on the transparency and targeting of political advertising sets new obligations on controllers using online targeting techniques (effective October 2025). Article 35 of the DADDUE bill designates ARCOM and the CNIL as supervisory authorities and sets the penalty regime.

Legal representatives (usually parents) are the ones who should exercise the child’s rights to consent with regard to their personal data being collected or used.

However, for minors aged 16 and over, the GDPR (Article 8) and the French Act on Data Protection (Article 45) allow the minor to give their consent for some but not all data uses. The minor must be clearly informed of how their data is used and of their rights (Article 45). All other rules applicable to the collection and use of personal data are applicable and must be strictly followed.

The DSA prohibits targeted advertising to minors on online platforms.

Since Law No 2025-594 of 30 June 2025 against all forms of fraud involving public assistance entered into force, direct marketing via email, phone, automated calls or social media for the sale of equipment or work related to housing energy savings, renewable energy production or the adaptation of housing for ageing or disability is strictly prohibited.

The use of cookie walls, which condition access to a website or service on the user’s acceptance of tracking technologies, is not in itself prohibited under French data protection law. The CNIL conducts a case-by-case analysis to determine whether users are offered a real and fair alternative, such as access without tracking or a reasonably priced paid version.

The use of geolocation data for targeted marketing purposes (eg, via mobile apps, push notifications or in-store proximity offers) is subject to heightened legal requirements due to its potentially intrusive nature. The CNIL considers that geolocation for advertising purposes must be clearly explained, and consent must be obtained through an explicit action, distinct from general app permissions. The CNIL’s updated 2024 guidance on mobile applications sets out detailed expectations.

To the extent that they are conducted for promotional purposes and do not fall within the definition of gambling, sweepstakes are governed by Article L. 121-20 of the Consumer Code in the following terms:

“Where they are unfair within the meaning of Article L. 121-1, commercial practices carried out by professionals towards consumers are prohibited when they take the form of promotional operations aimed at granting a prize or any kind of benefit through a draw, regardless of the arrangements, or through the intervention of a random element”.

Sweepstakes are therefore lawful if they do not fall under the prohibition of unfair, aggressive or misleading commercial practices (see 2.1 Deceptive or Misleading Claims). They can be carried out with or without an obligation of purchase.

Contests are not regulated, but they are subject to the same rules as sweepstakes: they are lawful if they cannot be characterised as an unfair commercial practice.

To avoid constituting an unfair commercial practice, traders must be able to show they awarded the prizes exactly as announced, and the prize must not require the consumer to pay or incur a cost.

In accordance with Article L.121-20 of the Consumer Code, a sweepstake is a promotion in which a winner is awarded a prize based on chance (eg, random draw). Although contests are not expressly defined under French law, they may, by contrast with sweepstakes, be characterised as a promotion in which a winner is awarded a prize based on skill rather than chance (eg, the best photo). Contests and sweepstakes may be combined – eg, the first 50 people who answer a question correctly will be entered into the draw.

Provided they are conducted for promotional purposes and do not fall within the scope of gambling law, contests and sweepstakes do not require any registration or approval by regulatory bodies.

Free

Under Article L.121-4 of the Consumer Code, it is deemed misleading to describe a product/service as “free”, “without charge” or similar if the consumer has to pay anything beyond the unavoidable expenses of responding to the offer and arranging delivery.

The use of the term “free” is also prohibited in promotional campaigns and advertising for foodstuff and pet food products (Egalim Law No 2018-938 dated 30 October 2018).

The Ultra-Fast Fashion Law prohibits, from 1 January 2027, the use of the word “free” to promote ultra-fast fashion products (Article L. 229-61-1 of the Environmental Code).

Reduced-Price Offers

All promotions announcing an advantageous price are subject to Articles L.121-1 et seq of the Consumer Code prohibiting unfair commercial practices (see 2.1 Deceptive or Misleading Claims). In addition, Article L.112-1-1 of the Consumer Code states that any announcement of a price reduction must indicate the prior price applied by the trader prior to the application of the price reduction. This prior price corresponds to the lowest price applied by the trader to all consumers during a period of time not shorter than 30 days prior to the application of the price reduction. In the case of successive price reductions over a specified period, the previous price shall be the one applied before the first price reduction.

The above requirements do not apply to price reduction announcements concerning perishable products at risk of rapid deterioration. Under the aforementioned Egalim law, for foodstuff and pet food products, discounts may not exceed 34% of the purchase price of the products concerned.

To bring French law into line with EU law, the DADDUE bill provides that Article L. 112-1-1 will apply only to price reductions on goods, and no longer to services or digital content.

Article L.121-21 of the French Consumer Code prohibits sending goods or providing services and requesting payment without a prior order from the consumer.

Commercial contracts with consumers must be drafted in an understandable way, and must include automatic renewal and termination clauses. When a service contract renews automatically, the professional must inform the consumer, by email or letter, that they can refuse renewal, clearly indicating the deadline. When a contract has been concluded online, termination must also be possible online.

The European AI Act (Regulation No 2024/1689) provides that any content involving a “deepfake” image, audio or video generated by artificial intelligence must disclose the manipulation. These transparency obligations apply from 2 August 2026.

The 2023 French law on commercial influence provides that influencer content created using artificial intelligence must be accompanied by the words “virtual images”.

With regard to soft law, the ARPP recently issued practical guidance on the labelling of advertising content generated or manipulated by AI. In 2026, the European Commission issued guidelines on Article 50 of the European AI Act and a Code of Practice on Transparency of AI-Generated Content. Adherence to the code is voluntary, but it can be used to demonstrate compliance with the European AI Act transparency obligations.

There are currently no specific rules or guidance governing claims that a product is developed using AI, is powered by AI or has AI-related features. However, such claims must not mislead consumers, and advertisers must be able to substantiate them. The ARPP has also warned that the abusive use of the term “AI” may be misleading.

There is no specific rule under French law, but the European AI Act provides that chatbots must be designed to ensure that users are informed that they are interacting with an AI system (Article 50.1). In addition, under Article 5 of this regulation, chatbots must not employ techniques that manipulate or deceive consumers in a way that alters their behaviour and causes them significant harm.

The French Consumer Code prohibits the direct or indirect advertisement of crypto-assets (including NFTs) aimed at a non-professional. It also prohibits any offer to obtain further information on the sale of crypto-assets via a reply or contact form or via contact with the advertiser. In addition, sponsorship or patronage activity is prohibited when its purpose or effect is to advertise crypto-assets, directly or indirectly (Articles L.222-16-1 and L.222-16-2 of the French Consumer Code).

There is an exception to this prohibition on advertising, sponsorship and patronage for “crypto-assets service providers” that are duly authorised as such under European Regulation (EU) 2023/1114 (MiCA Regulation).

Influencer marketing of crypto-asset services is prohibited under Law No 2023-451 of 9 June 2023.

When allowed, any marketing communication from such authorised service providers must be clearly identifiable, fair, clear and not misleading, and must be consistent with the white paper (information document containing mandatory disclosures). It must state that the marketing communication has not been reviewed by any competent authority. Since 30 December 2024, any offer of crypto-assets or any crypto-asset services provided in France must be conducted in compliance with the MiCA Regulation by duly authorised issuers/offerors and crypto-asset service providers.

There are no specific regulations governing advertising within the metaverse under French law.

Tobacco/Vaping Products

Advertising tobacco products has been prohibited in France since 1993. This includes the sponsorship of events as well as any “indirect” advertisement such as “goodies” (lighter, ashtray, tee-shirt, etc). Any advertisement for vaping products is prohibited as well. Cigarette packs must have a health warning and use a uniform and neutral packaging. The rules are set out in the Public Health Code. In March 2026, the Paris Court of Appeal fined Netflix France EUR250,000 for unlawful tobacco advertising under the loi Évin, confirming that the ban applies to streaming platforms. 

Cannabis

Cannabis is an illicit drug under French law, and using such an illicit drug is a criminal offence (Article L.3421-1 of the Public Health Code). Any advertising of cannabis may constitute incitement to use an illicit drug, which is also a criminal offence and may result in a fine and imprisonment under Article L.3421-4 of the Public Health Code.

Alcohol

The advertising of alcohol is regulated by the French Public Health Code. It is authorised in the print media (magazines and newspapers not aimed at young audiences), on the radio at certain hours, in billboard advertising (but not near schools or on public transport), at the point of sale, in the producers’ catalogue and during some traditional festive events. It is allowed on the internet as well, but not on websites meant for children or those operated by sport associations. Advertising on all other media, including television and cinema, is prohibited, as is any sponsorship by alcohol brands.

When alcohol advertising is permitted, its contents must focus only on the products’ characteristics (origin, composition, production methods) and should not associate alcohol with social success, relaxation or festive occasions. All advertising of alcoholic beverages must be accompanied by a health warning.

Drugs

Advertising is allowed only for non-prescription drugs that are not reimbursed by social security, provided that the drug’s marketing authorisation does not prohibit advertising. It must not be misleading and must not undermine public health. It must not compare one drug with another, be directed at children, mention that it is natural, that it may replace surgery, etc. The advertisement must include the drug name, information about its uses, an invitation to read the notice, and an invitation to consult a doctor if needed. Any such advertising must be validated by the National Agency for Medicines and Health Products Safety (Agence nationale de sécurité du médicament et des produits de santé).

By decisions of 29 April 2026, ANSM fined Novo Nordisk France over EUR1.78 million and Eli Lilly France EUR108,766, finding that their public obesity-awareness campaigns amounted to indirect promotion of GLP-1 medicines, in breach of the ban on advertising prescription drugs to the general public.

Food

French law requires all advertisements for beverages containing added sugar, salt or artificial sweeteners, as well as manufactured food products, to include a health warning encouraging consumers to eat five portions of fruit and vegetables a day or to exercise regularly.

Food advertising is regulated in large part by European law, and in particular EU Regulation No 1169/2011 on the provision of food information (INCO regulation) and EU Regulation No 1924/2006 on nutrition and health claims made on foods.

Under the ARPP’s new Recommendation on eating behaviour, applicable from 15 June 2026, any advertising promoting a slimming diet must now refer to monitoring by a healthcare professional. There is also a new section on sustainable food, under which advertising must not disparage criteria associated with sustainable eating, such as the seasonality of products or production methods that respect biodiversity.

Ultra-Fast Fashion Products and Brands

The Ultra-Fast Fashion Law bans all media advertising for “ultra-fast fashion” products and brands, effective 1 January 2027, with new Article L. 229-61-1 of the Environmental Code.

Ultra-fast fashion captures industrial and commercial practices of manufacturers who (i) place a high volume of new clothing, footwear or household linen products on the market and (ii) offer little incentive to repair them. Implementing decrees will set the reference-volume thresholds and the criteria for “low incentive to repair”.

The advertising ban targets operators such as Shein and Temu. However, the status of this provision under EU law is uncertain, the European Commission having expressed reservations about it.

Online marketplaces and other web interfaces enabling the purchase or delivery of ultra-fast fashion products must also display on their website a message that promotes sustainable consumption practices (moderation, reuse, repair, recycling) and informs consumers of the social, environmental and health impacts of these products, particularly their delivery. Likewise, implementing decrees will set out the content and display requirements for these messages, which must be shown clearly, legibly and understandably.

Directive No 2018/1808 modified the initial directive No 2010/13 on product placement to extend the possibility to use product placement. Product placement is now allowed in all audiovisual programmes, with the following exceptions:

• news and current affairs programmes;
• consumer affairs programmes;
• religious programmes; and
• children’s programmes.

Product placement is not allowed for alcohol, tobacco, medicines, guns or infant formula.

Product placement should not influence editorial independence and should not directly encourage the purchase of goods. The product should not be given too much prominence in the programme, and viewers must be clearly informed of the existence of product placement.

The French authority (ARCOM) has not yet updated its rules on product placement following the 2018 directive. The ARCOM deliberation dates back to 2010 and allows product placement only in cinema films, music videos and TV fiction.

Advertising is also prohibited for:

• fossil fuels (Article L. 229-61, I of the Environment Code); and
• non-approved and prohibited telecommunications equipment (Article L. 34-9 of the French Postal and Electronic Communications Code).