SMS marketing in France: What to watch out for to avoid sanctions

Information on Article L.223-8 of the French Consumer Code

The update to the French “Code de la Consommation” (Article L.223-8) restricts the promotion of specific services and goods.

Scope of the Restriction Commercial canvassing of consumers is prohibited regarding:

Offers for the provision of services, sale of equipment, or performance of works related to housing for the purpose of energy savings.
Renewable energy production.
Adaptation of homes for aging or disability.

Affected Forms of Communication The restriction applies to:

Messages via interpersonal communication services.
Emails.
Online social networks.
Digital communication including SMS (according to rules introduced by mobile operators in France).

Permitted Exceptions The prohibition does not apply if the solicitation occurs:

Within the framework of an existing contract and relates to the subject of that contract.
When offering products or services related to the subject of the existing contract or intended to improve its performance or quality.

Potential Consequences Violations of these rules may lead to: