The Sapin Decree On Digital Advertising Services Has Come Into Force. It Nevertheless Raises Several Questions Regarding Its Implementation.

The much-awaited Decree No. 2017-159 of February 9, 2017 on digital advertising services (the "Sapin Decree") has entered into force as of January 1, 2018.

This Decree adapts the rules of the French Sapin law of January 29, 1993 – originally introduced for traditional media, i.e. television, radio and press – to digital media and constitutes a clear step forward in terms of transparency in the digital advertising sector. Its impact will be particularly felt in the interpretation and enforcement of audit clauses in advertiser/media agency agreements requiring transparency across all media platforms.

However, the conditions of implementation of the Sapin Decree raise some unanswered questions in practice that the French Competition Authority has asked the government to clarify.