Month: January 2026

At d&a partners, we support investors, executives and companies in securing their strategic operations through tax, financial, legal and social analysis.

What you need:
• A single point of contact with strong deal culture.
• A truly global view of risks and negotiation levers: price, documentation, GAP, strategy, compliance.

Our deliverables are clear, prioritised, quantified and immediately actionable to help you make confident decisions.

Our key areas of expertise :
• Tax due diligence
• Financial due diligence
• Legal due diligence (corporate, contracts, litigation, regulatory)
• Social / employment due diligence
• IP / IT / Data / Cyber / AI due diligence
• Drafting & negotiation of transaction documentation through to closing

Our mission: to provide a concise, decision-oriented overview.

Why choose d&a partners?
✨ A unique cross-functional perspective
✨ Concrete, concise analysis
✨ A pragmatic approach backed by a multidisciplinary team
✨ The ability to work on both traditional and highly innovative operations

If you have any questions, please send an email to contact@dnapartners.fr

Ordinance No. 2026-2 of 5 January 2026 on the Distance Marketing of Financial Services to Consumers

Ordinance No. 2026-2 of 5 January 2026 was adopted pursuant to Law No. 2025-391 of 30 April 2025 (DDADUE)and transposes Directive (EU) 2023/2673 of 22 November 2023 on the distance selling of financial services. It also aligns the applicable legal framework with Law No. 2025-594 of 30 June 2025 on combating fraud involving public subsidies (the “Cazenave Law”), in particular with respect to telephone solicitation.

The purpose of this Ordinance is to strengthen consumer protection in the context of the distance marketing of financial services, taking into account the rapid development of online sales and the repeal of Directive 2002/65/EC, now integrated into Directive 2011/83/EU on consumer rights.

First, the Ordinance enhances the right of withdrawal by facilitating its exercise. Where a contract is concluded electronically, professionals are required to provide a dedicated withdrawal functionality, enabling consumers to exercise this right easily.

Second, it strengthens pre-contractual information obligations. Prior to the conclusion of the contract, professionals must provide consumers with clear and detailed information, including in particular:

• complaint handling procedures,
• the consequences of late or non-payment, and
• the possible use of automated decision-making mechanisms influencing the price or contractual terms.

Third, the Ordinance imposes stricter requirements on digital interfaces used for distance marketing. Professionals must provide clear and appropriate explanations and must ensure that consumers are able to contact a human representative when digital tools are used.

Fourth, the Ordinance updates the sanctions regime. It extends the supervisory powers of the DGCCRF to all provisions governing the distance selling of financial services, including in the insurance sector, and introduces a system of administrative (decriminalised) sanctions, aligned with the general regime of the Consumer Code, without affecting the sanctioning powers of the ACPR.

In addition, where contracts are concluded via voice telephony, the Ordinance introduces a “two-step sales process”, requiring professionals to send consumers a prior confirmation of the offer before any binding commitment is made.

Finally, in line with the Cazenave Law, the Ordinance largely repeals Article L.112-2-2 of the Insurance Code, which has become obsolete following the ban on unsolicited telephone solicitation as of 11 August 2026.

The Ordinance is structured into seven titles, amending in particular the Consumer Code, the Insurance Code, the Mutuality Code, the Social Security Code and the Monetary and Financial Code.
It will enter into force on 19 June 2026, with the exception of Article 18 (11 August 2026) and Article 9 relating to telephone sales (1 January 2027).

By Margaux FRISQUE – Partner – Contracts & Litigation Expert