Standardisation
Standardisation in French law: an essential legal guide
By Yasmine EDDAM2 May 2025Standardisation silently governs our economic environment. This system establishes technical rules to govern products and services. Its legal status, which ranges from voluntary to mandatory, often baffles operators. This essential guide sheds light on its principles, players and legal implications. Fundamental principles of standardisation Standardisation defines technical reference documents. These texts establish characteristics, test methods or good practice in various sectors. Standards differ fundamentally from traditional legal rules. They are drawn up by consensus between interested parties. Manufacturers, users, laboratories and public authorities participate in their creation. Cardinal principle: standards are voluntary. Article 17 of decree no. 2009-697 clearly states this. In theory, economic operators can ignore these texts without direct sanction. However, this freedom remains relative. Mechanisms often transform standards into real obligations. A ministerial decree can make them directly mandatory. Contracts or public procurement contracts may refer to them,...
The French standardisation system: players and operation
Commercial, business and competition law, StandardisationThe French standardisation system is based on a structured organisation combining private and public players. Understanding it is essential for companies faced with the application of standards. This system defines how the technical rules governing many sectors of activity are drawn up, approved and disseminated. AFNOR: a pillar of the...Legal liability linked to technical standards
Commercial, business and competition law, StandardisationTechnical standards occupy an ambiguous position in our legal system. Although they are considered to be voluntary, they have a considerable influence on the responsibilities of economic operators. This duality creates a complex legal framework that companies need to master in order to secure their activities and limit their exposure to risk. Technical standards...Product certification and marking: legal framework and issues
Commercial, business and competition law, StandardisationCertification and marking are essential legal tools for companies in a competitive market. These mechanisms attest to the conformity of a product or service to precise technical requirements. Companies must master this complex legal framework, which influences their access to the market and engages their responsibility. The...Voluntary and mandatory application of standards in French law
Commercial, business and competition law, StandardisationTechnical standards are an essential pillar of our economic and legal environment. They provide a framework for the production of goods and services by establishing recognised technical rules, but their legal status is often misunderstood. Although the voluntary application of standards is a fundamental principle of standardisation law, there are exceptions...
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