Information given to the laudatory public by a company on its products or services or herself

Advertising raises the question of the truth, and its binding. The advertising claims and the instructions given in the advertisement are largely responsible for the decision to purchase the goods and services.

Identification of advertising

Article 10 of Law No. 86-897 of 1 st August 1986

Any item of advertising editorial presentation must be preceded by the word “advertisement”

The “comparative advertising” has been authorized by Law No. 92-60 of January 18, 1992 and is governed by Articles L121-8 and following of the Consumer Code.

A practice criticized as potentially unfair competition and a means of denigration, comparative advertising was permitted to the extent that it is a means of consumer information.

Comparative advertising is permitted if it is not misleading or likely to mislead, if the comparison is made for goods or services meeting the same needs or intended for the same purpose and if it is an objective comparison of the two products.

The order of August 23, 2001 removes the requirement of notice of the announcement comparative under European law it transposes.
Advertising in electronic

Section 20 of the Act of June 21, 2004 provides that

All advertising in any form whatsoever, accessible by a communication service to the public online, must be clearly identified as such. It needs to clearly identify the person or entity on whose behalf it is made. The preceding paragraph is without prejudice to provisions against misleading advertising provided for in Article L. 121-1 of the Consumer Code.


The Act of June 21, 2004 introduced in the Consumer Code provisions on transparency requirements for advertising by e-mail

Commercials, including promotional offers, such as discounts, bonuses or gifts, and promotional contests or games, e-mailed, must be identified clearly and unequivocally upon receipt by the addressee or in case of technical impossibility, in the message body. Notwithstanding repressing misleading advertising provided for in Article L. 121-1, the conditions are subject to the possibility of receiving promotional offers as well as to participate in contests and promotional games where such offers, contests or games are offered electronically, must be clearly identified and easily accessible. These provisions also apply to advertisements, offers, competitions or games for professionals. “Violations of these provisions of Articles L. 121-15-1 and L. 121-15-2 are subject to the penalties provided for in Article 121-6. They are investigated and established in accordance with Article L. 121-2. Articles L. 121-3 and L. 121-4 also apply. “

Direct marketing

Following Article 22 of the Act of June 21, 2004, article. L. 33-4-1.du the Post and Telecommunications provides the following regulations for direct marketing.

Direct marketing is prohibited by an automated call, fax or e-mail using any form whatsoever, the coordinates of an individual who has not expressed its consent to receive direct marketing in this way. “For the purposes of this section, shall mean any consent freely given specific and informed by a person accepts that personal data being used for the purpose of prospecting direct. “constitutes a direct marketing to send any message to promote, directly or indirectly, goods, services or image of a person selling goods or providing services. “However, the direct marketing by mail E is allowed if the recipient information was collected directly from him, in accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, on the occasion of a sale or delivery, whether for direct marketing of similar products or services provided by the same person or entity, and if the recipient is offered, express and unambiguous, the possibility of object, free of charge, except those related to the transmission of this refusal, and so simple to use contact information when they are collected and each time an email survey is sent to him. “In any case, no issue, for purposes of direct marketing messages using automated calling machines, faxes and emails, without giving any valid address to which the recipient can send a useful application for that such communications cease no cost other than those related to the transmission of it. It is also illegal to conceal the identity of the person on whose behalf the communication is issued and to mention a subject unrelated to the delivery or service offered. “The National Commission on Informatics and Liberties watch for terms of direct marketing using the coordinates of an individual in compliance with the provisions of this section by using the skills that are recognized by the law n ° 78-17 of 6 January 1978 referred to above. To this end, it may admit, by any means, complaints about breaches of the provisions of this Article. “Violations of the provisions of this section are investigated and established the conditions set by the first, third and fourth paragraphs of Article L. L. 450-1 and Articles 450-2, L. 450-3, L. 450-4, L. 450-7, L. 450-8, L. 470-1 and L. 470-5 of the Commercial Code. “A decree of the Council of State specifies as necessary conditions for implementing this article, particularly with respect to different technologies. “


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