FRANCE Law and Practice Contributed by: Marianne Le Moullec, Gaëlle Robic and Joséphine Perrin, Orasis Avocats
8.3 Chatbots 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 addi - tion, 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. 9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) 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 con - tact 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 advertis - ing, 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 pro - hibited 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.
tioned Egalim law, for foodstuff and petfood products, discounts may not exceed 34% of the purchase price value of the products concerned. 7.5 Automatic Renewal/Continuous Service Offers Article L.121-21 of the French Consumer Code pro - hibits 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 auto - matic renewal and termination clauses. When a ser - vice 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) pro - vides 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 pro - vides that influencer content created using artificial intelligence must be accompanied by the words “vir - tual images”. With regards to soft law, the ARPP issued an opinion recommending that the use of AI should be clearly 8. Artificial Intelligence 8.1 AI and Advertising Content There are currently no specific rules or guidance gov - erning 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. disclosed to the public. 8.2 AI-Related Claims
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