DGCCRF audit: commercial practices, pricing and penalties 2026

The DGCCRF turned up one morning at a city-centre clothing shop. By the end of the audit, the manager discovered that his labels, compliant in appearance, did not show the reduced price applied at the till. An administrative fine and a labelling audit later, he understood what falls under scrutiny. A case we meet regularly, and one that shows how few owners know precisely what the DGCCRF checks and how to prepare.

Quick answer. The DGCCRF audits fair commercial practices, consumer information and price display. Misleading commercial practices are punished, under Article L132-2 of the Consumer Code, by 2 years' imprisonment and a EUR 300,000 fine, raised to 5 years and EUR 750,000 when the offence is committed online. The fine can also be set at 10% of average annual turnover or 50% of the expenditure on the practice, raised to 80% for environmental claims. No turnover threshold puts an SME beyond reach.

The DGCCRF, the French directorate for competition, consumer affairs and fraud control, sits under the Ministry of the Economy. It has three missions: auditing commercial practices (unfair competition, abusive terms), protecting consumers (information, product safety, withdrawal rights) and fighting fraud. Its officers can access business premises, check registers and documents, and gather evidence.

In 2026, audit priorities focus on price display online and in store, environmental claims, missed delivery times and withdrawal conditions. Inflation has sharpened vigilance over price rises and misleading comparisons.

At Hayot Expertise we stress one point: the DGCCRF does not only target big fraudsters. It also penalises SMEs that, in good faith, underestimated a formal duty: no price displayed, incomplete information, withdrawal right poorly communicated.

A misleading commercial practice is a deceptive action or a breach of disclosure. It can be committed by action or omission.

Misleading practices by action (Article L121-2)#

Statements likely to mislead on:

• The existence, characteristics or availability of the good or service;
• The price or method of calculating price;
• The need for after-sales service or a spare part;
• The expected results or benefits;
• The professional's status or identity;
• Certifications, labels or authorisations.

Example: announcing a promotional price valid "for a year" when it lasts only a few days.

Misleading practices by omission (Article L121-3)#

Omitting material information, decisive for the consumer's decision:

• The essential characteristics of the good or service;
• The price including VAT, or if impossible, its calculation method;
• The professional's identity and address;
• The conditions for exercising the right of withdrawal;
• Delivery timescales and procedures;
• The existence of after-sales service or guarantee.

Example: not displaying the price including VAT online, or showing delivery charges only at payment.

The price including VAT must be visible and clear#

Price information falls under Articles L112-1 and L111-1 of the Consumer Code. Core rule: the consumer must know the final price including VAT before concluding the contract. In store, the price appears legibly on the good or in its immediate vicinity. Online, the price including VAT appears in the basket, and shipping costs, any duties and additional taxes are detailed before the payment request.

Mandatory pre-contractual information#

Before concluding the contract, the professional provides:

1. The essential characteristics of the good or service;
2. The price including VAT;
3. The total cost including all charges, unless manifestly unnecessary to state;
4. Their identity and address;
5. The conditions and deadline for withdrawal (14 days minimum for distance sales);
6. Delivery or performance terms.

Any omission opens the door to DGCCRF action or even a consumer claim.

Common pitfalls#

• Adding charges at payment time: the DGCCRF treats this as misleading by omission.
• Displaying a price without VAT: the customer must see the final amount before committing.
• Changing the price after conclusion: not allowed, except in justified exceptional circumstances.
• Forgetting a promotion's end date: without "offer valid until [date]", the customer can claim its benefit.

To make your labelling reliable, use the method for calculating prices excluding and including VAT.

Officers have broad investigative powers. The typical steps:

1. Visit and presentation — The officer calls at the head office or outlet. You can ask to see their authorisation.
2. Site inspection — Review of display, labels, contracts, general terms and promotional signage.
3. Document request — Invoices, standard contracts, terms, price history, customer correspondence, complaints register. Refusing to provide is an offence.
4. Interviews — The officer may question the manager, staff and customers.
5. Finding or report — On an offence, the officer draws up a report and notifies you.
6. Follow-up — Depending on seriousness: warning, compliance order, administrative fine, settlement, or report to the prosecutor.
7. Right to be heard — Before an administrative fine, you have a period to make written submissions.

Administrative fine#

The DGCCRF can issue an administrative fine for failure to inform or for certain practices. No turnover threshold exempts you: a micro-enterprise can be sanctioned. The procedure respects due process: report, notification of the proposed fine, submissions, then decision.

Criminal liability: Article L132-2 of the Consumer Code#

The fine can also be set, proportionately to the advantages gained, at:

• 10% of average annual turnover over the last three known years;
• 50% of the expenditure on the practice (for example the cost of a misleading campaign);
• 80% of that expenditure when the practice rests on environmental claims.

Collateral consequences#

• Mandatory remediation;
• Precautionary measures (product withdrawal, suspension);
• Publication of the decision at the offender's expense;
• Damages on a consumer's civil action;
• Reputational harm and loss of trust.

Environmental claims#

Labels like "eco-friendly", "zero waste" or "biodegradable" without proof are aggravated misleading practices: the fine can reach 80% of the expenditure. Each claim must rest on documented proof (certification, test, recognised label). Our article on environmental claims details this risk.

Sales and promotions#

A struck-through price must correspond to a price genuinely charged before. Otherwise, the announced reduction becomes a misleading practice.

E-commerce and dropshipping#

Online, the duty to inform prevails: price including VAT, shipping costs, delivery times and withdrawal conditions clearly displayed. The topic is explored in our dedicated article on e-commerce and dropshipping audits.

B2B and B2C#

Between professionals, consumer law does not apply. However, the ban on restrictive practices (Article L442-1 of the Commercial Code) governs unbalanced relationships between businesses. The differences between B2B and B2C terms should be built into your general terms of sale.

1. Price transparency — Check that all charges (shipping, handling, taxes) are visible before payment.
2. Environmental claims — Document every ecological benefit you invoke.
3. Up-to-date terms — Your terms must reflect your real practice: timescales, charges, withdrawal.
4. Right of withdrawal — 14 days for distance sales, information visible before purchase, explicit return procedures.
5. Mandatory disclosures — Identity, address, withdrawal conditions and complaint response time, consistent with your legal notices.

We supported an online retailer who believed he was compliant. At the visit, the officer found three breaches: the product-page price did not include VAT, shipping costs appeared only at payment, and the withdrawal-right notice was buried in the legal notices. Three misleading practices by omission. The owner paid an administrative fine, ran an internal audit and rebuilt his checkout. We helped him put price transparency back at the heart of the buying journey.

Hayot Expertise advice. Before any audit, review your commercial practices: each customer must see the final price including VAT before committing, your terms must reflect your real activity, and every claim must rest on proof. A day of work upfront saves you thousands in fines and disputes. Our legal counsel and accounting team can run this audit with you.