French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

In application of Article L. 512-8, investigators may demand the production or the copy of documents by any means and on any media and seize documents regardless of their nature or origin where such documents can facilitate the accomplishment of their task . They may demand that any means necessary to carry out the audit be put at their disposal (Article L. 512-9) and collect on site or by convoca …

Intelligence gathering, control of identity and dissemination of information

In application of Article L. 512-8, investigators may demand the production or the copy of documents by any means and on any media and seize documents regardless of their nature or origin where such documents can facilitate the accomplishment of their task . They may demand that any means necessary to carry out the audit be put at their disposal (Article L. 512-9) and collect on site or by convocation, any information, justification or document necessary for the inspections (Article L. 512-10). They may access software and data stored and request transcriptions in documents which are directly usable for the needs of the audit (Article L. 512-11). Investigators are also entitled to consult any document necessary held by state, regional, departmental or local authorities for the fulfillment of their mission (Article L. 512-14). Since the enactment of the Hamon Law, they have been able to impose the opening of packaging (Article L. 512-9) and under Article L. 512-12, they can take samples or copies of goods as evidence. A “procès -verbal” (minutes) must be established where this is the case.

Furthermore, under the terms of Article L. 512-13 (former Article L. 215-3-3, 1), investigators are allowed to check the identity of persons under inspection. In the event of refusal or inability to comply, they must immediately inform any police officer with territorial jurisdiction who may then proceed with the verification. In addition they may be assisted by any qualified person designated by the administrative authority on which they depend, and that person may accompany them during controls (Article L. 512-17, formerly L. 215-3-3, 2).

The Consumer Code now includes a section regulating the cooperation between investigators. Article L. 512-18 sets out that the obligation of professional secrecy cannot be an obstacle to the disclosure to the authorities of Member States of documents collected by Competition, Consumer and Fraud Repression (CCRF) agents when they are investigating offenses falling within the scope of Regulation No 2006/2004 of 27 October 2004 amended in relation to cooperation between national authorities responsible for the enforcement of consumer protection laws . Likewise, professional secrecy may not be relied upon to prevent the production to CCRF agents and judicial police officers (OPJ) acting against counterfeiting, of information held by other State services or public authorities, with the exception of information collected or exchanged in application of Regulation No 1/2003 relating to the implementation of the competition rules , or oppose the disclosure of information by the authorized agents in order to prevent a serious or immediate danger to the health or safety of consumers . Article L. 512-19 governs cooperation between investigators and the authorities of the member countries of the Organization of Economic Cooperation and Development (OECD) with the aim of preventing or bringing an end to illegal cross-border trade practices, subject however to compliance with the obligation of professional secrecy . Finally, in matters of product safety and compliance, Article L. 512-20 provides for the communication of documents to various authorities (Nuclear Safety Authority, Institute for Radiological Protection and Nuclear Safety, National Agency for the Safety of Food, the Environment and Labor , European Commission or competent national authorities), as well as to agents of the Ministry for Sport. Since the enactment of the law on purchasing power , authorized agents and police officers may spontaneously share information and documents held or collected in the exercise of their respective missions, without the provisions of Article 11 of the Code of Criminal Procedure or those relating to professional secrecy preventing such communication.

See Cass. crim., 24 February 2009, LawLex200900001252JBJ, holding that in an investigation of facts relating to canvassing practices, DGCCRF agents may demand the production of any documents needed for the accomplishment of their mission without it being possible to prevent such production on the grounds of professional secrecy such as the protection of the individual freedom of customers.

Autorité de sûreté nucléaire, Institut de radioprotection et de sûreté nucléaire, Agence nationale chargée de la sécurité sanitaire de l'alimentation, de l'environnement et du travail.

Law No 2022-1158 of 16 August 2022 on emergency measures to protect purchasing power, OJ 189 of 17 August 2022.

French Consumer Law

14. Intelligence gathering, control of identity and dissemination of information

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14. Intelligence gathering, control of identity and dissemination of information

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Les notions juridiques connexes

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