France Intensifies Scrutiny of Misleading Online Practices
A new French law and heightened EU regulations impose stricter penalties, up to €3.75 million, for deceptive digital marketing, including greenwashing, dark patterns, and fake reviews.
France is significantly reinforcing its consumer protection laws, spurred by new EU regulations like the Digital Services Act and the Empowering Consumers Directive. A May 2024 French law now imposes much harsher penalties for misleading commercial practices conducted online, with fines for corporate entities reaching up to €3.75 million and potential prison sentences of up to five years for individuals. This legislative tightening is coupled with a deliberate enforcement strategy by the French Directorate-General for Competition, Consumer Affairs, and Fraud Control (DGCCRF), which is increasing its scrutiny of the digital sector. Counsel should advise clients that regulators are specifically targeting greenwashing, unsubstantiated environmental claims, dark patterns, fake online reviews, and deceptive pricing or promotions. The systematic publication of sanctions—a "name and shame" approach—adds significant reputational risk to the financial and criminal penalties. Businesses with an online presence in France must urgently audit their digital interfaces, marketing claims, influencer agreements, and use of customer testimonials to mitigate compliance risk ahead of further changes, including the 2026 transposition deadline for the Empowering Consumers Directive.