Updated: Jun 22, 2022
Welcome to My Blog! here is another edition of my "business Wednesday" blog post.
As a professional in France, you have an obligation to inform your customers not only about the main characteristics of the goods or services you provide, but also the processing of their personal data. Regular controls are carried out by the competent authorities and in case of dispute, it is up to the seller to prove that this duty has been fulfilled.
The importance of having written documents
It is therefore important to have written documents to be brought to the customer's attention as a proof that you have fulfilled your duty to provide information. It is required to have 2 separate documents:
The general terms and conditions of sale (conditions gÉnÉrales de vente)
This document must include 6 compulsory legal requirements :
Identity of the seller
Main characteristics of the good or service
Price of the good or service
Date by which the professional undertakes to deliver the goods or to perform the service
Contact details of the consumer ombudsman (médiateur de la consommation) to which you have subscribed
In some instances, information about the consumer's right of withdrawal
These 3 other points are not mandatory but it can be recommended to include them in your CGVs depending on your activity :
Policy of personal data protection (Politique de protection des données personnelles)
The obligation to have a formal policy of data protection and to bring it to the attention of the consumers derives from the E.U. law on data protection "GDPR" and the French law "Loi informatique et libertés". As a result, every professional who holds personal data must -at a minimum- inform his customers of :
Identity and contact details of the person responsible for the data processing
Purpose of the data processing
Legal basis for the data processing
Whether or not it is compulsory to provide such data
Recipient of personal data
Duration of data retention
Rights of access and rectification
Identity and contact details of the data protection officer (if appointed)
The possibility to lodge a complaint with the CNIL (Commission nationale informatique et libertés).
Did you know about the duty to provide information to your consumer? Do you want more info? Do you need help drafting your informational documents? Drop me an email at firstname.lastname@example.org
Hi I'm Mathilde, a lawyer passionate about entrepreneurship and expatriation. I support expatriates in setting up and managing their businesses in France. Do you have any questions or concerns regarding your business? I'm here to guide you!