Finally, it should be noted that Article L.441-9 of the French Commercial Code logically provides that the written agreement must be drawn up «in accordance with Articles L. 441-6 and L. 442-6 [of the French Commercial Code]». As stated by the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (Directorate-General for Competition, Consumer Protection and Fraud, `the DGCCRF`) in its information note of October 2014 on the implementation of the provisions of the Hamon Law, this new requirement aims to increase `transparency` in outsourcing relationships and to `impose a minimum content in agreements, the necessary mandatory information which is the subject of issues which generally lead contracting entities to impose potentially abusive practices on their subcontractors`. To this end, for any purchase of products made to measure for the buyer to integrate into his own production, Article L. 441-9 of the French Commercial Code requires the conclusion of a written agreement and requires him to provide specific information. This article also specifies that this new formalistic requirement applies only to purchases exceeding an amount to be defined by decree. Home News Business law Outsourcing of production activities: a new legal requirement requires, in some cases, the conclusion of a written agreement. It should be recalled provisionally that Article 126 of Law No 2014-344 of March 2014 on consumer protection (commonly known as the «Hamon Law») inserted into the French Commercial Code a new Article L.441-9 which requires the conclusion of a written agreement for certain types of outsourcing purchases. The DGCCRF also clarified the provisions to be included in the written agreement. It stipulated that most of the information (in 1°, 2°, 3° and 4° concerning the respective commitments of the parties and in the information mentioned above) should in any case be included in the agreement.
In the opinion of the DGCCRF, the law requires the inclusion of other information when justified by the intention of the parties (in particular with regard to guarantees, such as retention of title, and 7 ° for the implementation of a mediation procedure) or by the nature of the agreement (with regard to 5 ° in intellectual property). . . .