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 uses, is regulated by the European GDPR and the 1978 French Act on Data Protection of (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 in charge of privacy rules;
• the Autorité de régulation de la communication audiovisuelle et numérique (ARCOM) is the audiovisual watchdog; and
• the Autorité de régulation professionnelle de la publicité (ARPP) 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. When the DGCCRF considers that an advertisement is deceptive, it can refer the matter to the public prosecutor, who will bring the action before the criminal court. The DGCCRF may also decide to issue an injunction to end the advertisement, if necessary, under daily penalty. The injunction decision may be published online. The DGCCRF may also negotiate a settlement with the infringing company for a transactional fine, which is 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 amount of 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 incurred in carrying out the advertising or practice constituting the offence.

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 for deceptive advertising, but other persons may be held liable as well, depending on the factual circumstances of the matter – eg, the media/publisher, the adverting agency and the influencer could also be held liable as co-authors or as accomplices to the criminal offence.

Civil Liability

A competitor could bring a civil tort action for deceptive advertising against the advertiser. As a violation of the law, deceptive advertisement necessarily gives the perpetrator a competitive advantage, which is considered in itself as an act of unfair competition by 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).

With regards to the definition used by professionals in the industry, 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 on-demand services (VoD, catch-up TV, etc). Advertisers must provide their intended commercial TV to the ARPP, which will ensure that it complies with both the legal and ethical requirements before broadcasting. If necessary, the ARPP will require modifications to be made prior to broadcast.
• Advertising for drugs is very limited but, when allowed, all advertisement targeting health professionals and consumers are subject to prior control by the Agence national 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 oppose the recording, reproduction or use thereof without prior authorisation. This includes their picture, as well as their voice if the person is identifiable with the picture used or the recording or imitation of their voice.

In addition, Article 226-8 of the French Criminal Code 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, whose members are advertisers, advertising agencies and media companies. It is independent from the public powers and is funded by fees for membership, pre-clearance services and training sessions.

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).

Within the ARPP, the Jury de Déontologie Publicitaire (JDP) rules on consumer complaints regarding advertisements that appear to be in breach of the ARPP ethical codes. The JDP does not receive any instructions from the ARPP. This procedure is free. Its decisions are non-binding, because the JPD is a self-regulatory authority and does not have jurisdictional powers. All JDP decisions are published on its website.

A consumer may file a complaint with the DGCCRF, which is the administration in charge of investigating misleading advertising practices. The DGCCRF has an online platform called SignalConso, where consumers may file a complaint. A consumer may also file a complaint directly with the police or with the public prosecutor, associated with 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 that have adhered to 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 unsolicited phone calls, deceptive price promotions and the regulation of commercial influencers.

New Act Prohibiting Cold Calling Without “Opt-In” Consent

A new law was adopted on 30 June 2025 to limit unsolicited phone calls from advertisers. As of August 2026, it will be prohibited to call consumers without having an opt-in consent to such solicitation.

Deceptive Price Promotions on Fast Fashion Websites

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 SHEIN, and a EUR1.3 million transactional fine against Pretty Little Things.

Regulation of Commercial Influencers

The DGCCRF has inspected more than 260 commercial influencers, 110 of whom were found to be in breach of the law, including failure to disclose commercial intent, the promotion of health and cosmetic claims, promoting false promotions, or advertising prohibited sectors such as lotteries, financial products or sports betting.

Advertisers must be reminded that, in accordance with 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.

With regards to images of models in advertising, in 2017 France put rules in place to regulate the use of excessively thin models. Models (adults and minors) must obtain a medical certificate confirming that their overall health allows them to work; this certificate takes into account the model's Body Mass Index (BMI) and nutritional status. Any advertising image (press, billboards, internet, catalogues, leaflets) in which a model’s silhouette has been digitally altered (made thinner or thicker) must clearly 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 from various associations. When there is a complaint about non-ethical advertising, the JDP will render a decision (see 1.7 Self-Regulatory Authorities).

The legislators focus 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 such a ruling. That is why the powers of the administration have recently been expanded by the legislators, to speed up enforcement.

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 owed until the advertiser complies with the order. The Act of 30 June 2025 increased the administrative fine incurred if the advertiser refuses to comply with the order from the DGCCRF; the administrative fine is now the same as the sanction incurred as a criminal fine for deceptive advertisement. 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 are characterised by 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, untruthful in any way 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 economic behaviour with regard to the product of the average consumer. The risk is enough – it is not necessary to demonstrate that consumers have actually changed or modified their 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, which applies in all EU member states.

Most claims are not regulated, but the advertiser must be capable of demonstrating the truthfulness of its claims. In some specific sectors, the adviser’s freedom of expression is restricted for higher purposes, such as health and safety. Some claims are strictly defined, such as health claims on food products, and products using such claims must meet pre-defined criteria in accordance with EU Regulation on 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.

Claims that cannot be objectively measured, such as “hyperbolic” claims that are obviously parodic or have a lot of emphasis, are not necessarily problematic if it is demonstrated that the average consumer should not be misled by such a hyperbolic, parodic or humorous claim. On the contrary, specific claims such as “the best”, “the number one”, “the first”, etc, must be justified by factual elements.

Advertising claims must be substantiated by precise and accurate information. Depending on the type of claims and on the product sector, different elements could be used as supporting evidence: consumer surveys, price reports, scientific tests, product specifications, product analysis, benchmarks, etc. Claims may refer to test results to promote a product, but the reference to tests must not be misleading. For example, in the cosmetic sector, the ARPP recommends distinguishing clearly between objective testing on the performance of a cosmetic product and satisfaction tests, whereby consumers are interrogated on their personal satisfaction regarding the product.

There are no specific rules on product demonstrations, which are subject to the same standards of truthfulness as any 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 notably 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 indisputable competence, and must be based on experiments carried out by the person themselves.

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).

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

EU Directive No 2024/825 on environmental claims has strengthened the means to fight against greenwashing by providing a list of 12 “greenwashing” claims that are deemed to be misleading in all circumstances. This directive has not yet been transposed into French law, which must be done before 27 March 2026.

In principle, claims must be truthful and clear, without the need to add a disclaimer or a corrective statement. In cases when 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 use characters that are of sufficient size, normally spaced, in a font that is easy to read (without this font necessarily being uniform throughout the advertisement), and in a colour that contrasts with that used for the background of the advertisement. Specific guidelines are listed for every media – TV, press, digital, radio, etc.

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

The ARPP guidelines on “image and respect for the individual” provide that advertising must not objectify human beings, and in particular women. In addition, advertising must not endorse the idea of a person’s inferiority on the basis of their gender, origin, membership of a social group, sexual orientation or identity, or any other discriminatory criterion, in particular by reducing their role and responsibilities in society. Finally, advertising must not promote feelings or behaviours of exclusion, intolerance or sexism, even indirectly.

Among recent decisions, the JDP pronounced that an advertisement showing a woman wearing a yellow hard hat, promoting a welding tool, with the slogan “even women can weld well” was sexist and contrary to the guidelines on “image and respect for the individual”.

With regards to 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 advertisement to minors on online platforms.

With regards to self-regulation, the ARPP has issued a recommendation on advertising to children, stating that any advertisement aimed at children must be easily identifiable and must be designed with a sense of social responsibility. Children must not be portrayed in situations where there could be harm to their physical or moral integrity, nor in situations that might undermine their dignity or decency. Advertisement should not make children feel distressed or uneasy. Violence must be totally excluded, and children should not be incited to commit violent acts. The products presented to children must be shown in situations when the safety rules are applied, and dangerous or imprudent behaviour should not be shown.

Among recent decisions, the JDP (see 1.7 Self-Regulatory Authorities) ruled that the Balenciaga advertisement showing a young child with a teddy bear wearing a bondage chain was contrary to the ethical guidelines on children because it was seeking to provoke by propagating an image of children that undermines their dignity or decency.

According to the DSA, dark patterns are online interfaces of 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);
• preselection (for example, a checked box that the consumer has to uncheck);
• “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; for example, falsely declaring that a product or a service will only be available for a very limited period of time is listed in the Consumer Code as a misleading practice. 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 – consumers must have simple, direct and permanent access to the termination process (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 written in a “prominent” way on the social media platform.

Consumers should not be led to believe that they are viewing editorial articles rather than commercial advertisement, which is classified as a misleading practice under French law. In August 2023, the DGCCRF issued a fine of EUR650,000 to a media seller named 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 mention must be inserted (“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 it 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 adviser 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).

If the comparative advertising is lawful, it is an exception to the competitor’s exclusive rights to its trade mark. If the comparative advertising is unlawful, the use of the competitor’s trade mark may be considered as counterfeiting.

An advertiser can challenge comparative claims made by a competitor.

Summary proceedings are frequently used in comparative advertising, to request an immediate injunction, under penalty if needed, 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 as an act of unfair competition by 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, under penalty if necessary, to stop this “parasitic” behaviour.

Regarding ethical rules, the ICC code (which is the basis of the ARPP ethical rules) states that no party should falsely pretend to be a sponsor of any event.

The prohibition of unfair commercial practices fully applies to advertising in online and social media. Such advertisements have been known to be challenging because of the lack of transparency, with advertisements often being 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. A functionality allowing people to flag a commercial communication must be provided for by the platform.

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 liable 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 written in a “prominent” way 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.

There are no laws prohibiting access to any of the major social media platforms in France, although the French government announced in 2025 that it is in favour of a law prohibiting access to social media platforms for children below 15 years of age.

In accordance with Article L.34-5 of the French Code on Post and Electronic Communications, email marketing towards consumers (B2C) requires the prior consent of the consumer. To be considered as valid under GDPR rules, consent must be freely given, specific, informed and unambiguous. It requires a positive action from the consumers (“opt-in”); a checkbox is recommended by the CNIL. Pre-checked checkboxes or acceptance of the terms and conditions are not valid means to obtain such informed consent to email marketing. The name of the advertiser must be specified in the email as well as the means to oppose any further solicitations by email, 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 prospecting concerns such services or products.
• The second exception is if the email prospecting is not marketing or commercial email but concerns a charity, for example.

In both cases, the consumer must be informed that its email is used for prospection, and must be able to oppose it at any time via an unsubscribe link, for example.

Please also note that email marketing to professionals (B2B) is subject to a more flexible regime. While the GDPR still applies when sending marketing emails to identifiable individuals in a business context (eg, firstname.lastname@company.com), the CNIL admits that prior consent is not required if 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, issued 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 for prospection by phone are currently not the same when the prospection is done by human activity (opt-out requirement) and when it is done via automated call machines (opt-in requirement). However, following many abuses, a new law was adopted on 30 June 2025, which now requires opt-in consent for any phone solicitation.

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 commercial prospection by phone and must be allowed to oppose. 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. It is strictly prohibited to contact by phone a consumer who on the “cold calling opposition list”.

When contacting a consumer by phone, the advertiser must give its name and its company, and explain that it is a commercial solicitation. He or she must inform the consumer of the possibility to register on a 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 commercial prospecting by this means.

It is specified in the law that such consent is meant as a clear affirmative action that personal data concerning the individual may be used for commercial solicitation by telephone.

Opt-In Consent for Telemarking by Automated Call Machines

When the phone prospecting is done via an automated call machine, there is an opt-in requirement, via a checkbox for example when the consumer data is collected. The rules and sanctions are the same as those for email prospection; those rules also apply to marketing via fax machine.

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

Among significant decisions, the CNIL issued a sanction decision and a EUR525,000 fine on 4 April 2024 against a company that had sent more than 1.4 million text messages (as well as emails) to consumers who had not given positive informed consent to commercial prospection via SMS. On 15 May 2025, the CNIL issued a sanction decision and a EUR900,000 fine against the “SoLocaL” company, which had sent more than 4.7 million text messages (as well as emails) to consumers who had not given positive informed consent to commercial prospection via SMS.

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.

In addition, the DSA prohibits targeted advertisement to minors on online platforms. Targeted advertisement 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 within its clients’ email boxes 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 in case of non-compliance.

On the same date, the CNIL issued a EUR150 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.

Legal representatives (usually parents) are the ones who should exercise the child’s rights to consent with regards to its 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 its consent for some but not all data uses. The minor must be informed in a clear and appropriate manner of the conditions of use of his or her data and of his or her rights, so that he or she can understand the meaning and scope of his or her consent (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 advertisement 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, commercial prospection 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 aging or disability is strictly prohibited.

The use of “cookie walls” that 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 with 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.

In order for sweepstakes and contests not to be deemed unfair, traders must always be able to demonstrate that they awarded the prize/s in the exact terms stated in their announcement to the consumer. In addition, the prize shall not be subject to the consumer paying money or incurring 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 opposition to 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 with promotional purposes and do not fall within the field 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).

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 shall 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 petfood products, discounts may not exceed 34% of the purchase price value of the products concerned.

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

Commercial contracts to 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 send an email or a letter to inform the consumer that he or she can refuse renewal, indicating clearly the deadline within which to do so. When a contract has been concluded online, the termination must be allowed online as well.

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.

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

With regards to soft law, the ARPP issued an opinion recommending that the use of AI should be clearly disclosed to the public.

There are currently no specific rules or guidance governing claims that a product is developed using AI, powered by AI or equipped with 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, any 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 are exceptions 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) and for “digital assets service providers” authorised by the French authority pursuant to French law (until July 2026).

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). Cigarette packs must have a health warning and use a uniform and neutral packaging. The rules are set out in the Public Health Code.

Any advertisement for vaping products is prohibited as well. A company advertising vaping products on social media was recently ordered to stop by the courts following an action by an association against the use of tobacco.

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 could be held as an incitation to use an illicit drug; such incitation is a criminal offence as well, incurring a fine and imprisonment (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 shall not undermine public health. It should not compare one drug with another, be directed at children, mention that it is natural, that it may replace surgery, etc. The advertisement should include the drug name, information about its usages, 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).

Food

French law requires that all advertisements for beverages with added sugar, salt or artificial sweeteners, or manufactured food products, include an health warning, inviting consumer to eat five fruits and vegetables per day or exercise on a regular basis.

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.

Directive No 2018/1808 modified the initial directive No 2010/13 on product placement to extend the possibility to carry out 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 artificial milk for infants.

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 this existence of product placement.

It should be noted that 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).