In addition to the above sets of rules, it should be outlined that the French consumers protection Authority (known as the “DGCCRF”) has recently been authorized to use a software named “Polygraph”, automating the investigation of false reviews in order to strengthen consumer protection and their trust in online reviews6. This device aims at targeting false reviews that would mislead consumers. Indeed, pursuant to Article D.111-16 of the Consumer Code, an “online review means the expression of a consumer’s opinion on their experience using any element of assessment, whether qualitative or quantitative”; it is irrelevant whether or not the consumers purchased the good or service for which they are posting a review. It should however be observed that the “polygraph” was primarily aimed at punishing dishonest professionals, but it would not properly protect restaurants who are for instance victims of a “bad buzz” resulting in a tarnished image caused by a false review. CONCLUSION French authorities are now able to rely on instruments (of both legal and technical nature) to ensure that promotion of restaurants is generally made in a clear, fair, independent and authentic manner. These can be considered as new means to protect and promote French gastronomy, even though their effect may be limited in practice. 6 Decree n°2023-428 of 1st June 2023 authorizing the implementation of a personal data processing operation called “Polygraph”. 140 VALÉRIE AUGROS
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