Advertising law attorney
Communicate without legal risk.
Looking to have your contracts drafted by a professional, ensure compliance of your campaigns, and protect your creations? A specialized advertising law attorney can help you. INFLUXIO Attorneys, a reference firm in this field, supports you.
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Alexandre Bigot-Joly
Partner
Music law, influence, media, communications & criminal law. Lecturer at CELSA, ISCOM and ESP.
Raphaël Molina
Partner
Intellectual property, business law, criminal law & influencer law. Contributor to the 2023 influencer legislation.
Maria Berrada
Partner
Intellectual property, AI, Web3, GDPR, digital criminal law & eSports. Legal counsel for the French Video Game Federation.
Our services
How we can help you.
Practical examples
Regularization of a non-compliant influencer campaign
A dietary supplement brand had launched a campaign with 20 influencers without complying with mandatory disclosures. Facing a DGCCRF report, all publications were brought into compliance and sanctions avoided.
Dispute over unlawful comparative advertising
A competitor used comparative advertising disparaging a client's products. An interim injunction banning the campaign was obtained and €40,000 in damages for commercial disparagement awarded.
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What our clients say about us.
“Great responsiveness from all team members, with solutions found quickly and efficiently.”
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“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
Mia-Line C.
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Our services in advertising law.
Advertising law governs all commercial communication (ads, influencer partnerships, comparative advertising, native advertising) under the French Consumer Code, the Public Health Code, ARPP rules and the Act of 9 June 2023 on commercial influence. Our firm audits your campaigns, secures your messages and defends you before the DGCCRF and the courts.
Advertising law challenges.
- Unfair competition
- Intellectual property law
- Consumer protection
- Legislative compliance
- Personal data protection
- Social media advertising
- Press relations compliance
Intellectual property.
Advertising creations must respect copyright and intellectual property rights, avoiding unauthorized use of protected works (music, images, texts, etc.) without the rights holders' consent.
Compensation methods.
Our attorneys play an essential role in negotiating financial agreements aligned with your expectations. They establish specific payment mechanisms to protect advertisers against unexpected costs and unpaid invoices.
Remedies in case of non-performance.
Aggrieved parties may first attempt amicable resolution through negotiation. If that fails, mediation or arbitration are options. As a last resort, court action allows demanding forced execution, damages, or contract termination with compensation.
In what cases can we help you?
Advertising law is particularly complex in France. Our role is to protect and advise you on advertising matters (proceedings, contracts). Contracts can vary significantly depending on the parties involved and the specifics of each agreement.
- ✓Advertising work commissioning contract
- ✓Regulated advertising compliance support
- ✓Advertising space purchase contract
- ✓Partnership and sponsorship contract
- ✓Influencer marketing contract
- ✓Press relations agency contract
- ✓Media buying service contract
- ✓Image rights and copyright contract
How can our firm help you?
Legal advice.
Our attorneys can advise you in all listed fields, particularly in drafting your documents and validating your campaigns regarding applicable legislation and professional rules (ARPP, etc.).
Protection of your rights.
Our attorneys advise you on protecting your rights, particularly intellectual property rights and personal data management collected during your campaigns.
Problem identification and resolution.
Our attorneys help identify problems and develop strategies to resolve them. In litigation, they can represent you before courts (deceptive commercial practices, comparative advertising, unauthorized image use, unpaid invoices, etc.).
What is the role of an advertising law attorney?
An advertising law attorney plays a key role in creating and distributing advertising campaigns compliant with laws and regulations. They advise businesses on legal obligations and verify that advertising messages meet ethical and legal standards.
Contract drafting and negotiation.
Our attorneys can draft contracts and agreements to protect your interests and reputation. They can also review and negotiate contracts on your behalf.
Regulatory compliance.
Our attorneys can help you comply with national and international advertising regulations and validate your campaigns (Evin law, financial product advertising, crypto-assets, gambling, medical advertising, etc.).
The Detailed Regulatory Framework of Advertising.
Advertising law in France rests on a dense regulatory foundation. The Consumer Code (Code de la consommation, Articles L.121-1 to L.121-7) prohibits unfair commercial practices, whether misleading (art. L.121-2 to L.121-4), constituting misleading omissions (art. L.121-5), or aggressive (art. L.121-6 and L.121-7).
The Évin Law (loi Évin, Article L.3323-2 of the Public Health Code) strictly regulates advertising for alcoholic beverages, limiting authorized media and requiring mandatory health warnings. Advertising for financial products is supervised by the AMF (Autorité des marchés financiers), which imposes risk warnings and specific presentation rules.
The ARPP (Autorité de Régulation Professionnelle de la Publicité) issues ethical recommendations that professionals commit to following, and the Jury de Déontologie Publicitaire (JDP) can be petitioned by any individual who believes an advertisement does not comply with these rules.
In digital advertising, advertisers must ensure GDPR compliance for ad targeting (cookies, retargeting, programmatic advertising), obtain prior user consent in accordance with the ePrivacy Directive, and respect the transparency obligations imposed by the Digital Services Act for targeted online advertising.
Commercial influence, ARPP and enforcement.
Advertising law has been profoundly renewed with the French Act of 9 June 2023 on commercial influence, the European DSA and the strengthening of DGCCRF controls. Our firm secures your campaigns and represents you before authorities.
The French Act of 9 June 2023 on commercial influence.
The Act defines commercial influence activity (Art. 1) and requires the explicit mention of the commercial nature of contents through the terms 'Advertising' or 'Commercial collaboration'.
It prohibits or regulates the promotion of certain products (cosmetic surgery, sports betting, cryptocurrencies, medicines, etc.). Influencer agents must justify professional liability insurance. Enforcement is ensured by the DGCCRF, with sanctions up to €300,000 fine and 2 years' imprisonment.
ARPP and advertising self-regulation.
The Professional Regulatory Authority for Advertising develops ethical recommendations, examines advertisements before broadcast (notably television and platforms) and may be seized via the Advertising Ethics Jury. While ARPP has no sanctioning power, its opinions carry strong moral authority and are enforceable against member advertisers.
The Influencers and Digital Communication recommendations frame digital practices.
The Digital Services Act and online advertising.
The DSA (Regulation EU 2022/2065) imposes on platforms enhanced transparency obligations: public advertising registry, prohibition of targeted advertising based on sensitive data or aimed at minors, obligation to clearly identify each advertisement, notification of systemic risks for very large platforms (VLOPs). Fines may reach 6% of worldwide turnover.
What are the rules on environmental and influencer claims?
Two regimes converged in 2023-2024. The French Climate and Resilience Act (22 August 2021) and the Green Claims Directive (proposal 2023, adoption pending) prohibit unsubstantiated environmental claims (greenwashing) and require third-party verification of comparative or quantified ecological statements.
In parallel, the French Act of 9 June 2023 on commercial influence imposes mandatory labelling of paid partnerships (#publicité or #partenariatrémunéré), bans on certain product categories (cosmetic surgery, sports betting outside licensed framework, financial products without authorisation) and joint liability of brand and creator. The DGCCRF and the ARPP actively monitor compliance.
INFLUXIO audits campaigns, drafts compliant scripts and defends clients in DGCCRF investigations.
Comparative advertising under Article L.122-1 of the Consumer Code.
Comparative advertising is lawful only if it is objective, verifiable, non-misleading, relates to goods meeting the same needs and does not denigrate competitors or unduly exploit their reputation. Breaches expose advertisers to unfair-competition actions and DGCCRF sanctions.
Endorsements, testimonials and AI avatars.
Real endorsements require traceable consent and accuracy. Synthetic spokespersons and AI avatars trigger transparency duties under the AI Act (Article 50) and the DSA. Our firm aligns advertising practices with influencer law and GDPR compliance, especially for behavioural targeting.
Influencer Law of 9 June 2023 and ARPP enforcement.
The Law n° 2023-451 of 9 June 2023, regulating commercial influence (often called the French Influencer Law), is the most comprehensive framework adopted worldwide.
It defines influence activity (Article 1), imposes mandatory mentions (Article 5: 'publicité' or 'collaboration commerciale', visible throughout the content), prohibits promotion of certain products (cosmetic surgery, financial products without authorisation, animal therapy, gambling without licence — Article 4), and creates joint liability between advertiser, agent and influencer (Article 8).
Sanctions reach €300,000 fines and 2 years imprisonment. ARPP (Autorité de Régulation Professionnelle de la Publicité) and DGCCRF have intensified enforcement since 2024.
International influencers and territoriality.
The Law applies to any influencer targeting a French audience, regardless of residence. Decree of 21 March 2024 imposes a French legal representative for non-EU influencers, with civil and criminal liability. We assist Dubai-based and US-based influencers in their French compliance.
Sweepstakes, drops and product launches.
Sweepstakes are governed by Articles L. 121-36 and following of the Consumer Code. Drops and limited editions raise scarcity-based dark pattern issues. We draft compliant participation rules and assist with ARPP pre-clearance.
Useful glossary in advertising law.
- Greenwashing
- misleading or unverifiable environmental claim, sanctioned by the French Climate and Resilience Act of 22 August 2021 and the Green Claims Directive.
- ARPP
- French self-regulatory advertising authority issuing recommendations on comparative and environmental advertising.
- DGCCRF
- French consumer-protection enforcement agency, competent to sanction misleading advertising and breaches of the 9 June 2023 Influence Act.
FAQ
Frequently asked questions.
An advertisement must comply with ARPP rules, the Consumer Code (prohibition of misleading commercial practices), and sector-specific regulations (alcohol, health, financial products). A preliminary legal audit helps identify risks.
A sweepstakes must be free with no purchase obligation, have filed rules, respect participation conditions, and include mandatory disclosures. Commercial lotteries are prohibited except in specific cases.
Since the French law of June 9, 2023, influencers must clearly identify commercial partnerships with the mention 'advertisement' or 'commercial collaboration.' Restrictions apply to certain sectors such as cosmetic surgery or financial products.
Misleading commercial practices (Articles L.121-1 to L.121-7 of the Consumer Code) are punishable by 2 years of imprisonment and €300,000 in fines for individuals. The fine may be increased to 10% of average annual turnover or 50% of the expenditure incurred for the incriminated advertising.
Comparative advertising is lawful (Articles L.122-1 to L.122-7 of the Consumer Code) provided it is objective, verifiable, fair and compares goods or services meeting the same needs. It must not denigrate the competitor, create confusion, or unduly take advantage of its reputation. Non-compliance exposes to civil and criminal sanctions (up to €37,500 fine).
Advertising targeting minors is strictly regulated by the Consumer Code, the GDPR (Article 8 on parental consent) and the French law of 9 June 2023 on commercial influence (ban on promoting alcohol, gambling, cosmetic surgery). The DSA also prohibits behavioral advertising targeting based on profiling of minors.
Yes. Misleading commercial practice (Article L.121-1 of the Consumer Code) is punishable by 2 years' imprisonment and a €300,000 fine, which may be raised to 10% of average annual turnover for legal entities. The DGCCRF holds investigative powers and may impose administrative penalties.
Article L.121-2 of the French Consumer Code and the Climate and Resilience Act of 22 August 2021 sanction any misleading commercial practice based on environmental claims ('carbon neutral', 'eco-friendly', 'sustainable'). The claim must be clear, precise, verifiable and supported by justifying evidence.
Sanctions can reach up to 80% of expenses incurred in the disputed campaign, plus mandatory publication of the decision.
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In short
INFLUXIO is a law firm specialized in advertising law, based in Paris. ARPP, DGCCRF, ARCOM, commercial influence, misleading practices, campaign audits, compliance for advertisers and agencies.
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