the list of mandatory information for your site

There are some mandatory notices that all professionals must add to their website. Legal notices, general conditions of sale (CGV) or even the processing of personal data, we have compiled for you all the mandatory information that will be mentioned on your e-commerce site.

Legal Notices

This is all the information that allows a user to identify a professional on the web. Legal notices are mandatory for all professionals, and should be easily accessible by anyone using the Internet. You can indicate them on a dedicated page on your site, or include them in your T & Cs.

The legal notices that will be specified on your website are as follows:

  • Company identity (corporate name, legal form, address of registered office and amount of capital),
  • RCS or RM registration number,
  • Email address or contact phone number,
  • Site host identity (name or company name, address and telephone number),
  • In the event of a controlled activity: name and address of the authority that issued the authorization.

Be careful, if you do not mention this information, you will expose yourself to heavy penalties (up to 1 year in prison and a fine of € 375,000).

Terms of Sale

Designed to outline commercial relationships, T & Cs are part of the information that should appear on your e-commerce site. They aim to inform your customers (individuals and professionals) of their rights and obligations when they buy from you. The general conditions of sale reduce the risk of litigation between customers and seller.

Private clients, special clients

In the context of an e-commerce site intended for individuals, the T & Cs should appear on the site, and be easily accessible. They must contain:

  • The essential characteristics of all goods and services offered,
  • The price includes VAT in €,
  • Delivery fees,
  • Estimated delivery date,
  • All payment methods are accepted,
  • Information related to late payment,
  • The right to withdraw (deadline and cancellation conditions),
  • The legal guarantee of consent,
  • The guarantee against hidden defects,
  • Terms of service after sales (specifying any costs),
  • Dispute resolution methods.

Professional customers

For e-commerce sites that are entirely dedicated to professionals, T & Cs are optional, but must be communicated upon request. The official administrative information site for companies states that: “You have the right to impose separate terms and conditions for each customer category (wholesalers, retailers, etc.). In this case, customers of one category may only require communication of a single GCS in relation to them. ” In the event of breach of this obligation, you will expose yourself to a fine of € 75,000.

The T & Cs for professional customers should include:

  • Price excluding VAT in € (price measurements or price calculation method),
  • Discounts and rebates (discounts, one-off promotional discounts, deferred rebates, etc.),
  • Commercial discounts (given the reduction in the event of early payment),
  • All payment methods are accepted,
  • Information related to late payment,
  • Delivery fees,
  • Estimated delivery date,
  • Dispute resolution methods.

Processing of personal data

When you decide to launch an e-commerce site, you must respect all obligations associated with the protection of personal data (last name, first name, email address, phone number, IP address, photo, etc.). It is possible to collect this information, provided that the applicable regulations are followed.

Note that in order to recover this data, you must notify the Internet user of this collection, and obtain his or her permission.

Inform the Internet user

For the collection to take place in a completely transparent manner, here is all the information you should indicate on your site:

  • The identity and contact details of the organization that deals with the computer processing of personal data,
  • The clear and specific purpose of this data collection,
  • The legal basis that justifies the computer processing of personal data (consent of the Internet user, compliance with a legal obligation, compliance with a contract, etc.),
  • The consequences in the event of denial of user consent,
  • Recipients of personal data collected,
  • The retention period of the data collected,
  • All Internet user rights (right to refuse, right to access, right to correct, right to delete and right to complain to CNIL).

Please note that the absence of this information (at least one) exposes you to a € 1,500 fine.

Get user permission

In some special cases, such as when sending commercial emails (newsletters) or using cookies, simply letting the user know is not enough. In fact, explicit permission is required to collect certain personal data.

The official text of the legal and administrative information department states that: “You must allow the user to consent with clear positive action: a request for permission made through checkboxes is easily understood by users. The use of a pre-ticked box that assumes human consent is prohibited ”.

Please note, the collection and processing of personal data collected without permission is punishable by 5 years imprisonment and a fine of € 30,000.

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