Commercial, business and competition law
Penalties for unlawful direct marketing of banking and financial services: civil and criminal liability
By Charlotte GAUCHON30 June 2025Canvassing is an activity governed by a strict set of rules designed to protect savers and investors. When these rules are not complied with, the consequences can be particularly serious for canvassers, but also for the institutions that employ them. Far from being a simple administrative irregularity, illegal canvassing exposes its perpetrators to an arsenal of civil, criminal and disciplinary penalties. It is therefore essential to have a clear understanding of the general rules governing canvassing by banks and financial institutions if you are to appreciate the extent of the risks involved. This article explains the nature and scope of these penalties. Civil penalties for unlawful canvassing In addition to criminal prosecution, failure to comply with canvassing rules can have significant civil consequences. The main aim of these is to compensate the person being canvassed for the loss suffered and to render ineffective any transactions entered into in breach of the law. Liability may be...
Competition law on the Internet: the major challenges for your company
Competition, Commercial, Business and Competition LawThe Internet has revolutionised business models, opened up markets and facilitated access to a wealth of information and services. For businesses, it is a powerful lever for growth and innovation. But this digital revolution also brings with it new legal challenges, particularly in terms of competition and competition law.Abuse of a dominant position on the Internet: identifying and avoiding the pitfalls
Competition, Commercial, Business and Competition LawHaving a large market share, or even a dominant position in a digital market, is not in itself a breach of competition law. It is often the reward for commercial success, innovation or judicious investment. What is prohibited, however, is the abuse of this position to restrict...Cartels and vertical restraints on the Internet: what you need to know
Competition, Commercial, Business and Competition LawCompanies are constantly entering into agreements to organise their activities: supply contracts, distribution agreements, technological partnerships, etc. These practices, which are at the heart of freedom of competition, can nevertheless, although most of these collaborations are beneficial and legitimate, cross the yellow line and fall under the...Internet and e-commerce: how do you define the relevant market?
Competition, Commercial, Business and Competition LawDetermining the exact contours of the "relevant market" is a fundamental step in competition law and the principles of unfair competition. It is in this context that we assess whether a practice restricts competition or whether a company holds a dominant position. The exercise, already delicate...The essentials about the limited liability sole proprietorship (EIRL): how it works and the end of the scheme
Commercial, business and competition lawSetting up and running a sole proprietorship presents a number of challenges, not least that of protecting your personal assets from the hazards of your professional activity. For several years, the Entreprise Individuelle à Responsabilité Limitée (EIRL) (limited liability sole proprietorship) offered a solution that made this separation possible. Although this system is now being phased out in favour of a new form, the EIRL, which...Sailing on French waterways: the essential rules you need to know
Commercial, business and competition law, NavigationThe rivers and canals that criss-cross France represent an exceptional heritage and a vital network for goods transport, river tourism and water-based leisure activities. But this seemingly free space is in reality governed by a set of sometimes complex rules, designed to ensure the safety of all...Collision and assistance in river navigation: who is responsible?
Commercial, business and competition law, NavigationEven with the utmost caution, accidents can happen on waterways. A collision between two vessels (a collision), or the need to rescue a vessel in difficulty (assistance), immediately raises complex questions of liability and compensation. Who should pay for the damage? The intervention of a...River boats: what licences and certificates are required to sail in France?
Commercial, business and competition law, NavigationOwning and operating a boat on French waterways, whether for transporting goods, receiving passengers or even for stationary activities, is more than just knowing how to manoeuvre. A dense set of regulations governs the commissioning of boats and the qualifications of those authorised to operate them...Inland navigation policing: what rules need to be observed on French rivers and canals?
Commercial, business and competition law, NavigationSailing on French inland waterways, whether for the transport of goods or passengers, or simply for pleasure, is not a totally free activity. Far from it. A precise regulatory framework governs this practice, aimed above all at ensuring the safety of people and property,...The letter of intent: understanding this key commitment in business law
Commercial, business and competition law, Letter of intentThe letter of intent is a mechanism frequently encountered in the business world, particularly within groups of companies. However, its precise legal nature and the real scope of the commitment it represents are often misunderstood. Is it simply a moral declaration or a genuine binding obligation? This article...Protecting your personal property assets: the guide to unseizability for sole traders
Commercial, business and competition lawStarting a business as a sole trader is a stimulating adventure, but it entails considerable risks for your personal assets. Unlike a company, which has its own legal personality and therefore, in principle, its own assets separate from yours, a sole trader directly commits the person...The savings bond: a financing tool you need to know about
Sales slip, Commercial, business and competition lawLess well known than the traditional bank loan or share issue, the savings bond is nevertheless a financial instrument that can be relevant both for companies seeking to diversify their sources of financing and for savers looking for investments. This instrument, which is governed by specific rules, deserves a closer look...Recent developments in commercial leases: what's changing for your business?
Commercial leases, Commercial, business and competition lawThe law is never static, and the field of commercial leases, which is essential to economic life, is no exception to this rule. In recent years, a number of major legislative texts, as well as exceptional situations such as the health crisis, have modified or clarified certain important aspects of the status of commercial leases. The...Commercial signs under French law: a practical guide for businesses
Commercial, business and competition lawA sign is much more than a simple panel above a shop window. It is often the first visual contact between a business and its potential customers, an essential landmark in the urban or commercial landscape. It plays an active part in the identity and reputation of a business, a craftsman or even a liberal profession....The promissory note: a payment and credit tool to be mastered
Commercial, business and competition lawA promissory note may seem like a financial instrument reserved for insiders. However, this binding document is more common than you might think in business life, particularly for organising deferred payments between business partners. It is a written promise by which a person (the subscriber) undertakes to pay a specified amount...Register of beneficial owners: what you need to know for your company
Beneficial owner, Commercial, business and competition lawFinancial transparency is no longer an option, but a requirement in today's economic landscape. At the heart of this approach in France is the register of beneficial owners, a system that now concerns almost all legal structures, from commercial companies to associations. Directors, partners, heads of organisations: understanding...Access to information, sanctions and new obligations for beneficial owners
Beneficial owner, Commercial, business and competition lawThe register of beneficial owners is intended to increase transparency about the actual control of companies. But this transparency raises a legitimate question: who has the right to consult this sometimes sensitive information? And do the obligations relating to beneficial owners stop at the reporting company? As...RCS declaration: the core of companies' obligations regarding beneficial owners
Beneficial owner, Commercial, business and competition lawHave you identified your company's beneficial owner(s)? This is a necessary step, but the work does not stop there. The central obligation arising from this identification is the official declaration of this information to the Registre du Commerce et des Sociétés (RCS). This formality is not...The beneficial owner: definition, identification and entities concerned
Beneficial owner, Commercial, business and competition lawTransparency has become an increasingly important requirement in the business world. Against this backdrop, particularly in the fight against money laundering and the financing of terrorism (AML/CFT), one concept has taken on considerable importance for many companies: that of "beneficiary".Marine insurance explained: cover, contracts and claims
Insurance, Commercial, Business and Competition LawThe incessant ballet of ships on the oceans is the invisible engine of our globalised economy. But this formidable logistical machine is exposed to the vagaries of the sea and a multitude of risks. To enable those involved in maritime trade to operate with a minimum of security, marine insurance...
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