March - 2017


Online advertising transparency: the decree has been published at last

The decree n°2017-159 dated 9 February 2017 on digital advertising services was published on 10 February 2017.

Adopted pursuant to article 131 of law n°2015-990 known as “Macron Act”, amending article 23 of law n°93-122 known as “Sapin Act”, this decree aims at extending the transparency principles of the “Sapin Act” which govern advertising since 1993 to online advertising.

Until now, online advertising was not subject to any particular regulation. This shortcoming is now addressed.

Article 2 of said decree provides for the details regarding digital advertising services to be mentioned on the report communicated by the advertising spaces seller to the advertiser.

This report shall mention “the date and adverts broadcast spaces, the global price of the campaign as well as the price per unit of each advertising space that is invoiced”.

Article 3 regulates the automated process related to online advertising space purchase in order to prevent advertising click fraud resulting from the use of robots to falsify traffic data.

Under this article, regarding “the digital advertising campaigns relying on real time services purchasing methods on unsecured spaces, notably by auction, whose decisive purchase criteria lies in the web user’s profile and the message performance optimization”, the seller shall communicate a report to the advertiser including:

  • information allowing to ensure the effective implementation of the services and their features;
  • information allowing to ensure the technical quality of the services;
  • information on the means implemented to protect the brand image of the advertiser;

as well as, where appropriate, information on the implementation conditions of commitments made as part of best practice charters applicable to the digital advertising sector.

This decree will come into force on 1 January 2018.

Juris Initiative , Anne-Solène Gay , Behring , Online advertising , Digital advertising , Transparency , Decree n°2017-159 dated 9 February 2017 , Article 131 of law n°2015-990 , Macron Act , Article 23 of law n°93-122 , Sapin Act , Advertising click fraud , Online auctions , Traffic data