Charlotte GAUCHON
Direct marketing of banking and financial services: a complete guide to regulations and obligations
By Charlotte GAUCHON30 June 2025Banking and financial canvassing, the practice of soliciting potential customers outside traditional branches, is an activity that is strictly regulated by law to protect savers. Given the proliferation of offers and the complexity of the products on offer, it is essential to understand the framework governing these practices in order to avoid pitfalls and make informed decisions. This article provides an overview of the basic rules governing direct marketing. To navigate this regulatory environment with confidence, the assistance of a professional can prove decisive. You can consult the expertise of our lawyers in banking and financial law for tailor-made assistance. Introduction to banking and financial canvassing Definition and purpose of canvassing Banking or financial canvassing is defined as any unsolicited contact with a person, by any means whatsoever, with the aim of obtaining an agreement for a banking or financial transaction....
Revolving credit: precautions and legal framework
Consumer credit, Credit and consumer lawYou've probably noticed it in shopping centres: that tempting offer to "pay in instalments" or that shop card promising benefits. These schemes often conceal revolving credit, a financial instrument governed by strict regulations. Legislators have gradually tightened the safeguards around revolving credit.Earmarked loans: when the purchase and its financing are linked
Consumer credit, Credit and consumer law"I want to buy this kitchen on credit". A banal phrase, but one that conceals a complex legal reality: earmarked credit. Behind this commonplace transaction lies a special legal regime, a source of protection for consumers, but also of complications for those who do not master its subtleties. What is earmarked credit?The right of withdrawal: essential protection for borrowers
Consumer credit, Credit and consumer lawIn the world of consumer credit, the legislator has provided essential safeguards to protect consumers. Among these, the right of withdrawal is a bulwark against hasty commitments. Introduced by the Scrivener Act of 10 January 1978, this mechanism - also known as the right of repentance...Rules governing the formation of consumer credit agreements
Consumer credit, Credit and consumer lawConsumer credit contracts are subject to strict formalities. This legal framework is designed to protect consumers, who are often unprepared for the legal intricacies of these financial commitments. Why so many forms to sign? What rights does the borrower have? When is the contract definitively concluded? 1. The formalities...Who can benefit from the protective consumer credit regime?
Consumer credit, Credit and consumer lawThinking of taking out a loan? The legal status of your loan determines your rights. The consumer credit regime offers essential guarantees, but does not apply to all borrowers or to all loan transactions. For an in-depth understanding, discover the legal definitions...The legal framework for consumer credit: definition and developments
Consumer credit, Credit and consumer lawYou've probably already taken out a loan to finance the purchase of a car, a television set or to pay for renovation work. These transactions, which are part of our daily lives, are governed by a complex and protective legal arsenal. Since the 1970s, legislators have gradually put in place a legal framework that...The bank del credere, a little-known but effective guarantee
Banking and stock exchange law, DucroireIn the business world, the fear of non-payment is a constant preoccupation for all sellers. There are a number of guarantees available to secure commercial transactions, but one of them, del credere, is often overlooked despite its effectiveness. Based on a long tradition in commercial law, this technique transfers the risk of non-payment...The end of the banking relationship: account closure and its legal consequences
Bank account, Banking and stock market lawA bank account is closed sooner or later. By choice, necessity or legal constraint. This breach of contract has legal consequences that customers are often unaware of. From imposed notice periods to questionable charges and accounting liquidation, closing an account follows a regulated process. Causes of account closure Any banking relationship may be terminated...Special situations when it comes to mortgages
Mortgages, Credit and consumer lawBuying a property is an important step, and one that is often financed by credit. While conventional property loans are well known, some situations are out of the ordinary and require extra vigilance. Whether it's borrowing in a foreign currency, coordinating several loans or understanding the subtleties of suspensive conditions,...The Banque de France's other public-interest missions
Banking and securities lawThe role of the Banque de France, an institution whose capital is owned by the State, goes far beyond that of a simple central bank. While its integration into the European System of Central Banks (ESCB) in 1998 redefined the scope of its activities, it retains a number of public-interest missions that are specific to the French context....Misleading commercial practices and borrower protection
Banking and securities lawThe legal framework for misleading commercial practices The marketing of complex financial products is governed by a law that allows borrowers to challenge contracts concluded on the basis of misleading information. Article L.121-1 of the French Consumer Code provides the basis for this protection in respect of commercial practices...Circulation of information covered by banking secrecy
Banking and securities law, Banking secrecyBanking secrecy, the cornerstone of the relationship of trust between a bank and its customer, is governed by article L. 511-33 of the French Monetary and Financial Code. This principle protects confidential information entrusted to the bank. However, the growing complexity of financial transactions and the need to combat certain types of fraud have...Public bodies and banking secrecy
Banking and securities law, Banking secrecyMany public bodies have access to data covered by banking secrecy under strictly regulated conditions. Here is a detailed analysis of the prerogatives of these public bodies. 1 The Court of Auditors and regional audit chambers The Court of Auditors and regional audit chambers have extensive powers to...When banking secrecy disappears: due diligence obligations and the fight against money laundering
Banking and securities law, Banking secrecyBanking secrecy, often perceived as a pillar of the relationship between a bank and its customer, is not in fact an impenetrable fortress. Although it protects the confidentiality of financial information, French law provides for numerous situations in which this secrecy must give way to the demands of...When regulators poke holes in banking secrecy: the state of play
Banking and securities law, Banking secrecyBanking secrecy is not the airtight safe that some people think it is. Although this principle protects the confidentiality of customers' financial information, there are many exceptions to it, particularly when it comes to the regulatory authorities. The latter have extensive prerogatives to access banking data as part of their duties...Exceptions to banking secrecy for judicial and tax authorities
Banking and securities law, Banking secrecyClosed doors, locked safes, sealed registers... The principle of banking secrecy seems impenetrable. Yet it is not absolute in France. The law provides for a number of situations in which this secrecy must give way, particularly in the face of certain public authorities acting in the public interest. Understanding these exceptions is essential for customers...Understanding banking secrecy in France
Banking and securities law, Banking secrecyBanking secrecy is often seen as a bulwark against curiosity, including that of the state. This ancient principle, whose origins go back to centuries-old commercial practices designed to protect business confidentiality, was not formally enshrined in France until 1984. It is, however, less protective than might be thought...STRUCTURED LOANS AND "TOXIC LOANS
Credit and consumer law1. Definition and typology of structured loans The three main categories of structured loans Structured loans are complex financial products whose interest rate varies according to a mathematical formula linked to changes in financial indices. There are three main categories of structured loans: products with a deactivating barrier that...PROPERTY INVESTMENT LOANS
Credit and consumer lawThe specifics of complex property finance Investment in rental property involves a number of different arrangements. The term loan, which allows the borrower to repay only the interest and pay off the capital at maturity, is proving very popular. This arrangement offers tax advantages for investors, who can deduct the entire cost of the loan...Financial packages and indivisibility of transactions
Banking and securities lawThe concept of indivisibility in financial arrangements Indivisibility allows contracts that are formally distinct but economically interdependent to be considered as a whole. It is a decisive factor in financial transaction litigation, particularly when a borrower seeks to challenge a package. Indivisibility refers to the idea that several contracts form an indivisible whole,...
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