Direct or indirect advertising sent by electronic means to clients who are likely to be non-professional, in particular potential clients, relating to the provision of investment services concerning financial contracts defined in article L. 533-12-7 of the Monetary and Financial Code is prohibited.
It is also prohibited to directly or indirectly advertise by electronic means with the aim of inviting a person, by means of a response or contact form, to request or provide additional information, or to establish a relationship with the advertiser, with a view to obtaining their agreement to carry out a transaction relating to :
a) The provision of digital asset services within the meaning of article L. 54-10-2 of the same code, with the exception of those for the supply of which the advertiser is approved under the conditions provided for in article L. 54-10-5 of the said code;
b) A public offering of tokens within the meaning of article L. 552-3 of the same code, except where the advertiser has obtained the approval provided for in article L. 552-4 of the same code.
An administrative fine of up to €100,000 shall be imposed on the following:
1° Any advertiser, with the exception of the investment services providers mentioned in the same Article L. 533-12-7 and financial investment advisers mentioned in Article L. 541-9-1 du même code, which disseminates or causes to be disseminated an advertisement prohibited pursuant to this article;
2° Any intermediary carrying out, on behalf of an advertiser, a service the purpose of which is the publication of an advertisement prohibited pursuant to this article;
3° Any service provider who provides an advertiser with media plan consultancy services or advertising space support recommendations for an advertisement prohibited pursuant to this article ;
4° Any purchaser of advertising space carrying out, on behalf of an advertiser, a service the purpose of which is to disseminate advertising prohibited in application of this article;
5° Any seller of advertising space, in the capacity of medium or advertising sales house, carrying out a service the purpose of which is to disseminate advertising prohibited in application of this article, without prejudice to the provisions laid down in I of the article 6 de la loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique;
6° Toute personne diffusant une publicité interdite en application du présent article.
The fine shall be imposed in accordance with the conditions set out in Chapter II of Title II of Book V of this Code.