20. What should I do if I do dropshipping?

[Dimaeiya333]

It is important to know that some content may be legal under French law but prohibited by the platform's general terms of use and rules . This is why it can be useful to report content that you consider harmful but that is not obviously illegal .

The platform must process your complaint as soon as possible and explain the reasons for its decision in a clear and easy-to-understand manner. If you are not satisfied with the outcome of your complaint, you can submit a complaint to the platform using the form provided for this purpose.


You can also report harmful content and behaviour through an assoc cmo email lists iation called a “trustmarker” . For example, the number 3018, managed by e-Enfance , advises minors who are victims or witnesses of digital violence and can intervene with the platforms so that the content in question is removed within a few hours. In the coming months, several associations representing victims of influencers and consumer protection groups will be designated as “trustmarkers” .

How to report content
I'm not sure about the content
The words “advertising” or “commercial collaboration” do not appear in an influencer’s commercial post . The influencer is advertising a product or service (tobacco, alcohol, gambling, financial products, health products, etc.) in violation of the law.
EITHER

The influencer is dropshipping without respecting consumer rights . The influencer is promoting a dangerous product .
I would like to point out
From the platform
You must acknowledge receipt of your report (unless the report is anonymous). They must inform you of their decision regarding the content considered illegal and inform the author of the content . The platform may decide to remove the content, prevent access to it or suspend the account.

With the competent authorities
They examine your complaint and, if necessary, carry out an investigation with the influencer. They take appropriate measures , depending on the case:

The authority orders the influencer to cease his practice .
and/or the authority may refer the matter to the public prosecutor, who may initiate legal proceedings for misleading commercial practices (up to 2 years in prison, or even 7 if there are aggravating circumstances, and a fine of 300,000 euros).
and/or the authority may order the platform to suspend the account .
25. What are the penalties if I do not comply with the law?
Failure to indicate the commercial intent of a communication may result in a deceptive commercial practice, punishable by imprisonment for two years (or seven if aggravating circumstances exist) and a fine of 300,000 euros .

In addition, the Directorate General for Competition, Consumption and Fraud Suppression (DGCCRF) has the power to require the platform to take various measures to crack down on illegal content, such as :

the display of a warning message to consumers;
dereferencing an account on a social network;
restrict access to or block an account on a social network.
These measures can be taken if an influencer commits an infringement of the consumer code and does not respond to a notice issued by the DGCCRF . The DGCCRF may also issue a notice subject to a daily fine as long as the illegality remains unresolved.

The platforms themselves may decide to suspend your account temporarily or permanently if you violate the law or their general conditions.

The various advertising bans are also subject to specific sanctions, defined in the relevant codes or in the law intended to regulate commercial influence and combat the excesses of influencers on social networks (some of the prohibitions in this law are subject to penalties of up to 2 years in prison and a fine of 300,000 euros, as well as a possible additional sanction of prohibition of commercial influence activity, or even of other activities). Examples of sanctions are given in the table below.


SectorInfluencer regulationRegulators, supervisory authoritiesSanctionsContracts

risky financial instruments

Prohibited for contracts defined in article

L533-12-7 of the Monetary and Financial Code

(without intrinsic protection of the

in particular)

AMF/DGCCRFAdministrative fine

up to 100,000 euros.

Supply of

asset-based services

digital, ICO,

digital assets

Prohibited, unless operators

registered with the AMF, or have obtained

AMF approval for ICOs.

AMF/DGCCRFAdministrative fine

up to 100,000 euros.

Game and

by chance

Authorized to offer legal games

(operators with licenses or exclusive rights)

on online platforms that allow

exclude minors from the hearing, by virtue

subject to certain rules, in particular

the obligation to include a message of

warning