- Accounting - Management - Finance
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Theoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
- [to be determined] € FineFailure to comply with pre-contractual information obligations
Measures applicable to digital platforms using referencing or matchmaking
Scope of application
Any digital platform operator (search engines, marketplaces, collaborative economy platforms, etc.) whose activity is based on :
- the classification or referencing of goods, content or services offered or put online by third parties; or
- the bringing together of several parties for the sale of a good, the provision of a service or the exchange or sharing of content, goods or services.
Description
Digital platform operators must ensure a number of provisions in order to respect the principles of equity and fairness towards the Internet user. For platforms whose activity is based :
- on ranking or referencing, specify to the Internet user :
- the conditions and criteria for ranking and referencing offers, via a specific heading (not the GTCU) ensuring that the information is directly and easily accessible to the consumer;
- the nature and mode of operation of the intermediation service offered;
- whether or not the listing is paid for;
- the existence of a capital link between the platform operator and the supplier, where applicable.
- on matchmaking and/or intermediation, it is necessary to :
- specify the status of persons authorised to submit offers of goods or services, via a specific section directly and easily accessible from all pages of the site or close to the offer or content, or prior to submitting an offer;
- specify whether the contact or intermediation is with an individual or a non-professional
- provide a console or space allowing professionals to communicate the pre-contractual information provided in articles L221-5 and L221-6 of the Consumer Code.
Operators of online platforms with more than 5 million unique visitors per month shall develop and disseminate good practices to consumers to reinforce the obligations of clarity, transparency and fairness.
Authority
(FR) Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF)
Responsible(s)
digital platform operator
