Item | Top level assessment |
Can you run prize draws in the France? (i.e. chance based promotion) | Yes |
Can you run competitions in the France? (i.e. skill based promotion) | Yes |
Is local registration required? | No |
Is regionalisation/translation required? | Yes |
Are there restrictions on prizes? | No |
Can you run purchase necessary prize promotions in France? | Yes |
Compliance feasibility and cost | Highly feasible, low cost |
Running a Prize Draw or Competition in France (Laws, Rules and Regulations)
Running a prize promotion campaign in France has become much simpler since 2014, when a number of filing, registration, and payment/reimbursement rules were removed. It is now much more straightforward to run promotions of all types (though France still has particular requirements) and it demands a similar compliance workload to Germany. There remains the option of filing rules and terms and/or conducting a draw with a Huissier de Justice (bailiff) for extra protection and for high profile promotions or brands this may be beneficial. The French Consumer Code or Code de la Consommation is important to observe and comply with.
French Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)
Prize draws are allowed in France, providing they are a “promotional lottery” and do not constitute “unfair commercial practice” (various requirements dictated by the French Consumer Code).
Payment to enter is strictly prohibited.
French Competitions and Contests (Skill Based Promotion)
Skill based promotions are allowed in France. Winners must be selected by a jury of judges on an impartial basis, based on set criteria which has been communicated to entrants.
Chance or random draw should not in any way be involved in a skill based promotion, otherwise it may be considered unlawful.
Payment to enter is strictly prohibited.
Purchase Necessary Promotions in France
Purchase necessary promotions are allowed in France.
Promotional products should be the same price as non promotional products of the same type, otherwise it could be considered that the promotion is requiring payment to enter.
Where a purchase is involved in the entry, the value of the prize should be reasonable in proportion to the value of the purchase so that it does not “substantially distort the economic behaviour of the average consumer”.
French Prize Restrictions
Prizes must be legal in nature and recipients must be able to legally accept. Weapons and tobacco are not permitted prizes.
Data Protection in France (GDPR)
France operates a slightly more favourable permissions regime for 1st party B2B – allowing opt-out permissions, with soft opt-in or opt-in for 1st party B2C and opt-in for B2B and B2C 3rd party consent.
See our GDPR opt in rules by country.
Other French Compliance Requirements
Terms and conditions should be clear and unambiguous and available in French.
Whilst it has not been strictly required to file anything or involve a Huissier de Justice (bailiff) in France since 2014, it is still beneficial and indeed advisable in some cases to involve a bailiff for extra reassurance or protection – be that the review and filing of official rules and terms and conditions (which will “seal” them), or involving a bailiff in the supervision of winner selection. In the event of a complaint, challenge or investigation by authorities in France, promoters (and indeed consumers!) are automatically in a stronger position with the involvement of a bailiff.
Our view on France for Prize Promotions
Along with Germany, France is probably one of the most attractive choices in continental Europe for prize promotions as far as compliance goes, and is more liberal than Germany in terms of marketing permissions. There are nevertheless specific French requirements, some of which are strict, and France somewhat unusually specifies requirements for promotions aimed at both B2C and B2B audiences so it’s important to be clear on what your objectives and audience are for any promotion. Whilst it’s not a strict requirement to involve a bailiff, it can provide reassurance and protection – France remains a country that takes consumer protection very seriously and will follow up on complaints or disputes (though it will generally attempt to resolve with the promoter in the first instance) – if your rules/terms/winner selection is “sealed” by a bailiff, you will be in a much stronger position.
Disclaimer: The information on this page and individual country summary pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.