We have been members for almost 3 years now in the Digital Media Club, which brings together professional players in screen communication.
Through the club, we therefore have access to a legal consultation describing the recommendations and mandatory legal notices related to digital display.
Are you curious to know more?
We answer many questions below.
Digital signage, or DOOH (Digital Out Of Home), is often considered an advertisement. And like any advertising spot, the messages appearing on it must therefore be regulated.
The 3 essential points to know:
The support must always mention the message of caution and referral to the consultation of a doctor
“(…) Advertising to the public for a drug is necessarily accompanied by a message of caution and referral to consult a doctor in the event of persistence of symptoms”.
Article L. 5122-6 of the Public Health Code (CSP)
The medium must always be accompanied by a message of a health nature specifying that alcohol abuse is dangerous for your health.
“Any advertising in favor of alcoholic beverages, with the exception of commercial circulars intended for persons acting in a professional capacity or subject to nominative mailings as well as posters, prices, menus or objects inside places of sale of a specialized nature, must be accompanied by a message of a health nature specifying that alcohol abuse is dangerous for health“.
Article L. 3323-4 of the CSP
The medium must mention the binding nature of such credit.
“All advertising, with the exception of broadcast advertising, shall contain, regardless of the medium used, the following statement: “A credit is binding on you and must be reimbursed. Check your repayment capacity before you commit ” “
Article L. 312-5 of the Consumer Code
The obligation to respect certain mentions is more subject to discussion. Indeed, if we take the example of an advertisement on consumer credit, article L. 312-8 of the Consumer Code provides:
“In any written advertisement, regardless of the medium used, information relating to the annual percentage rate of charge, its fixed, variable or revisable nature, the total amount owed by the borrower and the amount of the installments, as well as the statement indicated in Article L. 312-5, appear in a larger font size than that used to indicate any other information relating to the characteristics of the financing, in particular the promotional rate, and are included in the main body of the advertising text”.
It would therefore seem, subject to the jurisprudential interpretation of these provisions, that this article could apply to certain DOOH advertisements (those “written”) and not to others.
In order to remain in good standing with the various legal notices that may apply to your advertising and above all to ensure that requests are respected, it is possible to consult the site of the professional advertising regulatory authority: ARPP.
The latter is an interesting source of information, to be consulted on a case-by-case basis.
How to proceed?
1. Go to the ARPP website
2. Login to your account (or sign up for free)
3. Click on the “ARPP Code” tab
4. Under the tab, on the right, you will find a banner with the rules of law (ethical rules in graphic animation)
5. All you have to do is find your relevant product or service. These rules are classified by type of product or service.
It can be an interesting source for looking for any applicable legal notices, while recalling that the ARPP is an association and that the information mentioned on its site may not be completely exhaustive and/or up to date.
Ultimately, the existence and applicability of legal notices to DOOH media must therefore be assessed on a case-by-case basis. These particulars will often be identical to those required for other advertising media. The ARPP website can therefore be a relevant source of initial information.
