FRANCE Law and Practice Contributed by: Marianne Le Moullec, Gaëlle Robic and Joséphine Perrin, Orasis Avocats
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. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests To the extent that they are conducted with promo - tional 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 pro‑ fessionals 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 mis - leading 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 commer - cial practice. In order for sweepstakes and contests not to be deemed unfair, traders must always be able to dem- onstrate 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 con - sumer paying money or incurring a cost. 7.2 Contests of Skill and Games of Chance In accordance with Article L.121-20 of the Consumer Code, a sweepstake is a promotion in which a win -
ner is awarded a prize based on chance (eg, random draw). Although contests are not expressly defined under French law, they may, by opposition to sweep - stakes, 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 sweep - stakes may be combined – eg, the first 50 people who answer a question correctly will be entered into the draw. 7.3 Registration and Approval Requirements Provided they are conducted with promotional pur - poses and do not fall within the field of gambling law, contests and sweepstakes do not require any registra - 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 pro - motional 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, Arti - cle 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. tion or approval by regulatory bodies. 7.4 Free and Reduced-Price Offers Free The above requirements do not apply to price reduc - tion announcements concerning perishable products at risk of rapid deterioration. Under the aforemen -
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