The ARPP ARPP
THE ARPP
The goal is to maintain high standards in the legal, honest and true advertising, which is the benefit of both consumers and advertisers.
The mission is to maintain a balance between creativity, freedom of advertisers, and consumers' responsibilities and respect.
MEMBERSHIP
Copy advice request
ARPP members can receive personal free and confidential advice by ARPP law experts. Specializing in the consumption method and the communication method, they answer any questions quickly. Copy advice is a membership system.
This kind of advice is about all kinds of media and can be provided at all stages of advertising production.
The procedure is as follows:
Sending a request You can send a project in various formats:
- Simple questions and ideas
- Rough cut
- Poster / Photo
- Script
- Storyboard
- Hal f-finished film, rough cut.
Copy and advice requests and seals should be sent through a new online application system, ARPP. PRO.
Preliminary examination obligation before TV and VOD broadcasting
In order to guarantee the best legal and ethical standards as possible, the advertising industry has given ARPP a clearance of all television advertisements before broadcasting.
The procedure is as follows:
- Each advertisement must be sent to the ARPP through the dedicated website l'Arpp. tv.
Click here for information on the membership fee.
ETHICAL STANDARDS
The advertising industry is voluntarily regulating: advertisers, agents, and media have drained ethics and excellent practices (ARPP code) to guarantee that all advertisements in France are exempt. 。
The international advertising norm issued by the International Chamber (ICC Code) is the basis for all domestic sel f-regulation rules.
The new standard is based on the requests of ARPP initiatives, or expert organizations and specialized organizations.
The CPP (CPP) is effectively contributed to new standards by promoting advice on new standards, promoting dialogue between experts, consumer organizations, and environmental organizations. I'm doing it.
After that, the Adhoc Technical Committee will be in charge of the actual drafting of the new standard.
The committee is composed of experts (advertising agencies, advertisers, media companies) and ARPP law experts.
ARPP CODES
ARPP DOCTRINE BRIEFS
COPY ADVICE
Any advertiser, advertising agency or media company can submit unfinished projects to the ARPP's legal experts, provided they are members of the ARPP. Projects can take many different forms: storyboards, scripts, rough cuts, posters, semi-finished films (... etc) and can be reviewed for any type of media: television, press, radio, public billboards, internet...
PRE-CLEARANCE
Pre-broadcast clearance of all TV and VOD commercials is mandatory. In order to adhere to the highest possible legal and ethical standards and practices, all French TV stations have entrusted the ARPP with the task of carrying out the final review of all TV and VOD commercials before broadcast. Only if the ARPP clears the ad can it be broadcast. If necessary, it can request corrections before broadcast or ban it altogether if it is truly a violation of the regulations.
The legal experts can also become aware of any violations after broadcast and contact the advertiser directly.
MONITORING PROJECTS
Since 2003, the ARPP has been carrying out monitoring projects every year with the following aims:
- Ensure the correct implementation of the ARPP Code.
- Measure and prove the efficiency of self-regulation.
Monitoring projects are prioritized in areas where society is more sensitive, for example taste and decency, the environment, minorities, violence and gambling.
All of these are published on the ARPP website.
FUNDING
ARPP is funded exclusively by advertising businesses. It does not receive any subsidies from public authorities.
The Association's funding is ensured by membership fees (80%). In addition, income is generated through the ARPP's pre-screening service and training courses.
COMPOSITION
ARPP is a private association established under a 1901 law and is completely independent from public authorities. Legally, the ARPP is divided into three categories:
- Advertisers.
- Advertising agencies
- Media companies
ARPP is chaired by an independent public figure, according to a statute adopted in 2008. François Daubert heads the Board of Directors, which is represented by the main players in the French advertising industry.
François Daubere has been ARPP's President since November 2011. The ARPP's legal team is made up of legal professionals specialising in law and ethical standards. Stéphane Martin has been Managing Director since April 2010.
STAKEHOLDERS
1. Committee on Public Ethics (CEP)
To follow the rapid evolution of delicate issues and values presented by society. Preparing such evolution is important for the standards to respond to the current problem.
composition
CEP will gather independent experts and experts and become an open discussion on advertising ethics. The purpose of the CEP is to guarantee a dialogue between the industry's various affiliates and the specialists in civil society.
The organization's chairman (Dominic Walton) stipulates that it must be an independent person unrelated to the industry. And this person must choose seven professionals from civil society, and they must also become independent of the industry. The chairman confirms that CEP members have a wide range of fields, such as social science, physics, psychology, education, linguistics, and politics, on behalf of social diversity.
Mission
Think about some types of problems and give public opinions:
Regarding new issues related to advertising ethics, CEP prepares a report to research and predict the evolution of society related to advertising, and proposes new standards for advertising ethics or conformity.
The evaluation CEP of sel f-regulation itself is an institution that criticizes and judges the efficiency of sel f-regulation. In addition, point out the fields that require vigilance. Therefore, CEP has an objective and specialized perspective on the relationship between advertising and its social environment.
2. Public Advertising Committee (CPP)
A place of dialogue and cooperation between the representatives of civil society (consumer groups, environmental protection organizations) and representatives of the advertising industry.
composition
The CPP is composed of 18 people (nine experts and nine group officials), and the chairman is assumed to be associated with group officials (Michel Bone).
Mission
The CPP's mission is to pay attention to the ARPP Board of the expectations of various organizations and organizations regarding advertising content. It also contributes to discussions on the constant r e-evaluation of sel f-regulated code.
3. Advertising Ethics Review Committee (JDP)
An independent agency that handles complaints from consumers on advertising, which is likely to violate the norm.
composition
Independent and fair member
Mission
The institution has no authority to handle complaints about advertisements that violate the law. In this case, it is necessary to contact the relevant government or court.
Anyone can be entrusted to the examination committee (civilians, organizations, government agencies ...).
To be recognized, complaints (cumulative conditions):
- A clearly identified advertisement that was effectively broadcast in France.
- Problems with the implementation of sel f-regulation standards (ARPP code and ICC code).
The Jury will hold a meeting frequently to guarantee that all complaints will be processed within one month. Most complaints are solved within 10 days.
A quick procedure that applies only to serious and obvious violations, the examination committee can make a decision within a maximum of 48 hours.
All JDP decisions are published on the website.
EUROPE
ARPP is one of the founding members of EASA (European advertising standards).
EASA is the only voice of advertising sel f-regulation. EASA is promoting responsible advertisements through voluntary regulation best practices for consumers and corporate benefits. EASA members are composed of sel f-regulated organizations and advertising associations in Europe and around the world.
Mission
Promote and support the actual sel f-regulation system.
Adjust the behavior of members related to complaints across borders.
Effectively spread the utilization of excellent practices and ethical standards to increase the level of sel f-regulation.
Publish a sel f-regulation system and promote distribution of information on sel f-regulation in the European advertising industry.
PRACTICAL GUIDE
Contact information will be available in the following inquiry form or telephone (+33) 1 40 15 1540.
Please contact us to become a member of the member registration ARPP (Tel: +33 (0) 10 15 15 40; Inquiry form). We will inform you of information about ARPP members. Application is https: //www. arpp. pro. Join ARPP requires the approval of the board of directors.
CONSUMER’S COMPLAINTS
What are your complaints about ads? Please contact JURY DE Déontologie Publicitaire.
ONLINE TRAINING COURSE
Those who are new to the French market or just need more information. Do you want to understand what kind of organization and how ARPP works?
What is the difference between copy advice and pr e-clearance? Which media needs a pr e-screening?
How can you be convinced that your creation is quick and approved without an unpleasant surprise? What are the main ethics rules and pitfalls to avoid? What are the unique rules of France?
For those who have such questions and many other questions, we recommend the 100 % online training course in ful l-length English! The first one is scheduled for May 18, 2021!
The French law on the regulation of games including NFT is passed: Place your bets
A bill (SREN) was passed (SREN) for ensuring and regulating digital space. The legislative process until the SREN bill was enacted did not progress slowly (reminiscent, the bill was submitted to the French Senate on May 10, 2023).
The European Commission has notified the French government of some views on the contents of the bill. In particular, the European Commission believed that the application range of the SREN bill would be within the Digital Service Law, especially the law on age authentication of users. The Mixst Committee (composed of the representatives of both houses) made many changes to the bill, taking into account these indications.
Based on Article 61, Paragraph 2 of the French Constitution, several House of Representatives entrusted the issue to the Constitutional Review Committee on April 17, 2024. The risk is a (at least partial) censorship of the bill.
On the other hand, let's take a closer look at the specific contents of this bill, which is said to be reconstructed in the French digital environment.
Protecting minors online
At the end of May 2023, ARCOM (Autorité de Regulation de la Communication Audiovisuelle et Numérique) announced that 2. 3 million minors accessed porn content sites. However, the distribution of porn content that minors can view or browse are certainly a crime under the French criminal law.
The solution to the minor's access to online porn content is still ineffective. Therefore, the legislator is stronger, aiming to strengthen the obligation to check the age of minors for all publishers of online public communication services that distribute pornography content and providers of video shared platforms. We have decided to introduce a system. This obligation is applied to publishers and providers established in France or outside the EU area, and under certain conditions, it will also be applied to publishers and providers established in the EU.
ARCOM is responsible for publishing a set of standards that define the minimum technical requirements that age verification systems must meet. ARCOM has already started a public consultation to gather stakeholders' opinions on the proposed standards.
ARCOM has the power to block and deregister any site that disseminates pornographic content without verifying the age of Internet users, without the need for a court decision. ARCOM can also request software application stores to block the download of applications that violate the above obligations.
Hosting service providers are required to comply with ARCOM's requests within 24 hours, and software application stores within 48 hours.
While we wait for the publication of ARCOM's definitive standards, it is interesting to see which technical approach the authorities prefer. The challenge is indeed big: to ensure a feasible and effective technical solution that does not conflict with existing laws, especially those regarding the protection of personal data. The standards will be developed in cooperation with the French data protection authority, the Commission des Liberties de l'Information (CNIL). However, the ARCOM draft standard does not highlight specific verification procedures.
In any case, these measures face the reality of the digital environment: any user can easily circumvent the rules by using a VPN, and the legislator is trying to counter this. In fact, some members of parliament have proposed an amendment aimed at restricting the use of VPNs in France. Specifically, this amendment (No. 915) aimed to restrict the availability in application stores of mobile VPN applications that provide access to "Internet networks not subject to French or European legal regulations". This amendment was ultimately rejected.
Regulating the cloud
Digital services and the cloud go hand in hand. In anticipation of the European Data Law and to put an end to the era of dependency on large IT suppliers, the French legislator included measures to more strictly regulate the cloud sector in the SREN bill. Its main provisions include:
- Regulation of unfair business operations: Sales products and services on condition that the cloud computing service supply contract is prohibited is an unfair business area;
- Cloud Credit: The SREN bill has a deadline for giving credit to customers. In addition, the provision of credit is not subject to exclusive conditions that are advantageous for credit providers;
- Data transfer fee management: In this bill, a cloud computing service provider has a third party provider that the thir d-party provider has already paid when a cloud computing service provider changes the provider. It is prohibited to claim data transfer fee. According to the Ministry of Economy of the French, the price currently applied by the cloud service provider is estimated to be 125 % of the annual usage fee;
- Interability and portability: Cloud computing service providers are required to comply with the following essential requirements:
- Interability with the customer's own service or the same kind of service provided by other suppliers;
- Transportation of digital assets and data to the customer's own service or the sam e-specific services provided by other suppliers.
- The rules and procedures for implementing these requirements will be issued by ARCOM.
Extending the scope of the French Data Protection Act
Originally, the French Data Protection Law ("Loi INFORMATIQUE ET Libertés") is data administrator and data processors established in France, or data administrators and data processors established outside the EU area. Applicable only when the processing is related to the supply of products or services to people located in France, or the monitoring of people located in France.
The SREN bill is also expanded to the personal data processing of people in France by data administrators or processors established outside the EU area, and such treatments are particularly related to online behavior. This is a cas e-related monitoring of the person's behavior by collecting personal data for the purpose of collecting the data. Therefore, the mutual reference of the data is effectively configured the dat a-based monitoring in the GDPR Article 3.
Focus on JONUM: Place your bets
Recently, Non-Fungible Token ("NFT") fever has swept the world, and some tokens are trading at a tremendous price.
The growing interest in NFTs has a significant impact on various sectors, such as museums, loyalty programs, and especially online gaming. France has emerged as a key player in this field, with innovative services such as soccer collectible games leading the global market.
Recognizing the unique blend of gaming and potential gambling elements in Web 3. 0 games, French lawmakers have been active in evaluating the applicable legal guidelines, provided that these games meet the conditions regarding public availability, chance, monetary investment, and the prospect of reward (L320-1 French Code de la sécurité intérieure).
A more detailed analysis of gaming operations has led to the development of a regulatory framework specific to "Jeux à Objet Numérique Monétisable" ("JONUM"), i. e. monetizable digital asset games, as set out in Articles 40 and 41 of the SREN Bill.
The Bill introduces an experimental approach to JONUM regulation, with a three-year trial period and a review after one and a half years.
There is a structural difference between gambling or games of chance and JONUM in terms of the nature of the prize, but this difference is subtle. For this reason, the legislator designated the French National Gaming Authority (Autorité Nationale des Jeux, hereinafter "ANJ") as the regulator of JONUM and granted operators of gambling and games of chance similar powers to those enjoyed by ANJ.
Definition
Definition of JONUM JONUM is an online game in which players can win redeemable digital assets issued by game operators.
JONUM refers to a game that meets the following criteria:
- Online game
- Involves monetary sacrifice
- Based on random mechanisms
- A reward consisting of monetizable digital assets, other than monetary gains, can be expected.
A sui generis regime, but with obligations similar to those of gambling and games of chance operators
A monetizable digital asset is a "game element that grants only to the player one or more rights related to the game and that can be transferred directly or indirectly to a third party for consideration".
Establishment within the European Union or European Economic Area
JONUM companies will have similar obligations as operators of gambling and games of chance.
To enter the French market, Joneum operators must be headquartered within the EU or in another member state of the European Economic Area that has an agreement with France that includes administrative assistance provisions to fight tax fraud and tax evasion.
This is based on Article 21 of the Act on May 12, 2010, reflecting the establishment conditions imposed on businesses so that gambling and chance games can be provided in the French market.
Age verification
Companies are also required to appoint Franc e-based representatives to secure local accountability and regulatory items.
Considering the ban on minors, businesses, like gambling and chance games, must introduce a strong age confirmation mechanism. To this, to display clear warnings on age restrictions, to oblige account creation to access the game by stepping age confirmation steps, and make sure that minors do not receive Jona m-related marketing materials. It includes things. Furthermore, the commercial communication by influencers (in the sense of French laws that regulates the commercial influence enacted on June 9, 2023) is a technical possibility that eliminates minors from viewers. Only on the online platform.
All age confirmation processes must comply with GDPR and LOI INFORMATIQUE et Libertés. This guarantees that personal data, especially an ag e-like information, is treated with great care in accordance with the privacy method. The most important thing is that age confirmation is one of CNIL's priority in 2024 (see recent client alerts).
Money laundering and terrorism financing prevention
ARCOM will disclose the standards to define the minimum technical requirements applied to the age confirmation system in consultation with CNIL to restrict minor access to Jonum. Jonum's operator must rely on this standard to ensure the compliance of the age confirmation system.
Businesses are restricted by European and France regulations on the prevention of money laundering and terrorism. This includes the establishment of a framework for risk evaluation, the implementation of a policy according to these risks, and the implementation of customer default giving, including identification of users.
This system is applied 18 months after the SREN bill is enacted. If not, there is a possibility that sanctions prescribed in Article L561-40 will be imposed.
Regarding the identity of the user, the bill initially acknowledged Jonum that the company would only verify the identity at the withdrawal stage of the revenue. According to the Mix Committee's correction, the identity verification of the user is to be performed at the same time as opening an account.
Regarding gambling and chance games, according to Article 17 of the Act on May 12, 2010, operators are obliged to check their identity before enabling the player's account, but the players have confirmed their identity. You can temporarily access the game interface.
The law on May 12, 2010, how to open and close accounts is entrusted to regulatory authorities. Specifically, identity verification must be performed within 30 days from the opening of the account or within 30 days (Article 5 of April 28, 2020, 2020-494). If identity verification is not performed, accounts may be disabled and closed.
Transparency and risk information
Similar to the laws related to gambling and chance games, the SREN bill stipulates that the establishment, management, and closing of accounts is stipulated by a Cabinet Order. The Cabinet Order may provide the same verification procedures (including the deadline for verification) as gambling and chance games. Otherwise, this bill, which intended to be more tolerant than the rules that originally applied to gambling and chance games, would be against the initial purpose. This obligation is set to prevent multiple account creation on the same platform prohibited by the SREN bill, but the identity verification at the time of creating an account does not exist in gambling and chance game carriers. As long as the format is imposed on Jonum companies, it is particularly persuasive.
Regarding gambling and chance games, legislators believe that Jonum can lead to dangerous behavior of users.
Businesses must inform users the risks associated with excessive gambling acts. This includes dissemination of warning messages and adopting transparency measures to prevent an obsessive or pathological game behavior.
The warning messages sent by Jonum companies are determined by the Minister of Health and Welfare, and the transmission method is determined by the ANJ.
Regulatory declarations
Businesses will further integrate functions such as sel f-exclusion and expenditure restrictions and provide users a summary of game activities. < SPAN> Regarding gambling and chance games, according to Article 17 of the Act on May 12, 2010, the operator is required to confirm the identity before enabling the player's account, but the players are identified. You can temporarily access the game interface without confirming.
Collaboration with the ANJ
The law on May 12, 2010, how to open and close accounts is entrusted to regulatory authorities. Specifically, identity verification must be performed within 30 days from the opening of the account or within 30 days (Article 5 of April 28, 2020, 2020-494). If identity verification is not performed, accounts may be disabled and closed.
A Regime whose contours have yet to be defined
Similar to the laws related to gambling and chance games, the SREN bill stipulates that the establishment, management, and closing of accounts is stipulated by a Cabinet Order. The Cabinet Order may provide the same verification procedures (including the deadline for verification) as gambling and chance games. Otherwise, this bill, which intended to be more tolerant than the rules that originally applied to gambling and chance games, would be against the initial purpose. This obligation is set to prevent multiple account creation on the same platform prohibited by the SREN bill, but the identity verification at the time of creating an account does not exist in gambling and chance game carriers. As long as the format is imposed on Jonum companies, it is particularly persuasive.
Regarding gambling and chance games, legislators believe that Jonum can lead to dangerous behavior of users.
- Businesses must inform users the risks associated with excessive gambling acts. This includes dissemination of warning messages and adopting transparency measures to prevent an obsessive or pathological game behavior.
- The warning messages sent by Jonum companies are determined by the Minister of Health and Welfare, and the transmission method is determined by the ANJ.
- Businesses will further integrate functions such as sel f-exclusion and expenditure restrictions and provide users a summary of game activities. Regarding gambling and chance games, according to Article 17 of the Act on May 12, 2010, operators are obliged to check their identity before enabling the player's account, but the players have confirmed their identity. You can temporarily access the game interface.
- The law on May 12, 2010, how to open and close accounts is entrusted to regulatory authorities. Specifically, identity verification must be performed within 30 days from the opening of the account or within 30 days (Article 5 of April 28, 2020, 2020-494). If identity verification is not performed, accounts may be disabled and closed.
- Similar to the laws related to gambling and chance games, the SREN bill stipulates that the establishment, management, and closing of accounts is stipulated by a Cabinet Order. The Cabinet Order may provide the same verification procedures (including the deadline for verification) as gambling and chance games. Otherwise, this bill, which intended to be more tolerant than the rules that originally applied to gambling and chance games, would be against the initial purpose. This obligation is set to prevent multiple account creation on the same platform prohibited by the SREN bill, but the identity verification at the time of creating an account does not exist in gambling and chance game carriers. As long as the format is imposed on Jonum companies, it is particularly persuasive.
- Regarding gambling and chance games, legislators believe that Jonum can lead to dangerous behavior of users.
Businesses must inform users the risks associated with excessive gambling acts. This includes dissemination of warning messages and adopting transparency measures to prevent an obsessive or pathological game behavior.
The warning messages sent by Jonum companies are determined by the Minister of Health and Welfare, and the transmission method is determined by the ANJ.
Businesses will further integrate functions such as sel f-exclusion and expenditure restrictions and provide users a summary of game activities.
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accepted