French Digital Trust Laws: Website Compliance Guide
In today’s digital age, maintaining a website or mobile application requires not only an engaging user experience but also strict adherence to legal requirements. If you own a website or app, it’s crucial to stay informed about the latest regulations to ensure compliance. As of June 1, 2023, French digital trust laws impose new obligations on website owners, both individuals and legal entities, to protect consumer rights and data privacy.
Terminating Subscription Contracts Electronically
One of the most significant changes under the new regulations is the requirement for website owners to provide a convenient electronic means for consumers to terminate their subscription contracts, even if the initial agreement was not concluded electronically. This functionality must be easily accessible on your website or mobile application where contracts are formed, ensuring that consumers have the ability to exercise their rights efficiently.
Mandatory Information for Individuals (Sole Proprietors or Sole Traders)
If you operate your website as an individual, it’s essential to display specific information:
Your Identity: Make sure to provide your full name and surname, allowing visitors to identify the person behind the website.
Contact Details: Offer clear means of contacting your business, such as your home address, email address, or phone number.
Intellectual Property Information: If your website utilizes images, illustrations, or photographs, disclose their intellectual property status. Additionally, for text not authored by you, ensure proper authorization from the author or proper source citation.
Mandatory Information for Legal Entities (Companies)
For those running websites under a legal entity, you must include the following information:
Company Identity: Provide your company name, legal form, and registered capital amount, allowing users to verify your business’s legal standing.
Contact Details: Include your company’s registered office address, email address, or phone number to facilitate communication.
Intellectual Property Information: The same intellectual property requirements as individuals apply to companies.
Hosting Information: Dedicate a page on your website for legal notices, including details about your website’s hosting, such as the hosting company’s name, registered office address, and contact number.
Additional Mandatory Information Depending on Your Activity
Depending on the nature of your website’s activities, you may need to provide further information:
Commercial Activities: If your website engages in commercial activities, disclose registration numbers in the Trade and Companies Register (RCS) and the National Unique Business Register (RNE), along with the individual VAT identification number if applicable.
E-commerce Websites: Display your General Terms and Conditions of Sale (GTC) for transparency in transactions.
Craft Activities: Include your registration number in the National Unique Business Register (RNE) if your website is related to craft activities.
Informational Websites: For websites primarily sharing information, mention the name of the publication director, the name of the editor-in-chief (if applicable), and the host’s contact information.
Activities Subject to Authorization: If your website’s activities require authorization, provide the name and address of the issuing authority.
Regulated Activities: Websites engaged in regulated activities should include references to applicable professional rules, the professional title, the EU member state that granted the professional title, and the name of the professional order or organization to which you belong.
Use of Personal Data: What Information to Provide to Users
If your website collects personal data from users, it’s imperative to uphold transparency and privacy standards. Key information to communicate includes:
Data Controller: Identify the entity responsible for the collected data and provide their contact details.
Data Protection Officer (DPO) or Contact: Offer contact information for the Data Protection Officer or a designated point of contact for data protection inquiries.
Legal Basis: Clearly state the legal basis for processing user data.
Purpose of Data Collection: Explain why user data is being collected and how it will be used.
Mandatory vs. Optional Data: Specify whether providing data is mandatory or optional, and outline the consequences of non-provision.
Recipients of Data: Disclose who will receive or have access to the collected data.
Data Retention: Inform users about the duration for which their data will be retained.
User Rights: Clearly outline user rights, including the right to refuse data collection, access, correction, deletion, and the right to file a complaint with the CNIL, the French data protection authority.
Planned Data Transfers: If you intend to transfer personal data to a non-EU country, ensure users are aware of this fact.
Cookies: What Are the Rules?
If your website uses cookies, you must adhere to specific rules:
Purpose of Cookies: Clearly state the purpose of cookies, ensuring users understand why they are being used.
Obtaining Consent: Obtain user consent before deploying cookies, especially those related to personalized or non-personalized advertising and social media sharing functionality.
Compliance with these regulations is essential to maintain trust and protect both consumers and their personal data. Be sure to regularly review and update your website’s information to stay in line with evolving legal requirements.
Remember, this article serves as a summary of French government guidance, and for precise compliance, consult legal professionals if necessary. Read the original article in French HERE