Note: In the event of unfair competition, he may, on the basis of Article 1240 of the Civil Code, be ordered to pay damages.

2. The right to protect one's site and its distinctive elements

The creator must protect himself against the reproduction of his website by third parties. In this respect, the most effective way to protect the site is to copyright, which allows him, in accordance with Article L.123-1 of the Intellectual Property Code, to retain the exclusive right to exploit his site until seventy years after his death.

In addition, the creator can, through trademark law, protect the distinctive elements of his or her website the domain name mentioned above, but also the slogan and/or logo of the website.

3. The right to use the personal data of Internet users, under certain conditions

The creator of a website has the right to use the personal data of Internet users browsing his site, with their consent, subject however to providing them with the following information specified by the RGPD (General Data Protection Regulation), namely :

• the identity and contact details of the organisation responsible for data processing,
• the contact details of the DPO (Data Protection Officer),
• the legal basis of the data processing,
• the purposes of the data collected,
• the compulsory or optional nature of the data collection and the consequences for the person in the event of non-provision of data,
• the recipient(s) of the data,
• how long the data will be kept and,
• the proposed transfers of personal data to a country outside the European Union.

4. The right to integrate cookies on the site

The creator may integrate cookies (or tracers) on his site, under the conditions set out in Article 5(3) of Directive 2002/58/EC, namely :

• to obtain the prior consent of Internet users,
• to inform them of the purpose of the cookies and,
• to inform them of the purpose of the cookies and to provide them with the means to refuse them.

Certain exceptions may apply to the collection of consent. See content Collection of consent prior to the deposit of cookies.

Note : The Internet user's consent is valid for a maximum of 13 months.

MAIN OBLIGATIONS WHEN CREATING A WEBSITE

1. Make sure you have the intellectual property rights

In substance, in accordance with Article L.113-1 of the Intellectual Property Code, "the status of author belongs, in the absence of proof to the contrary, to the person or persons under whose name [the site] is disclosed." Thus, anyone wishing to create a website must first ensure that he or she has the said rights, failing which he or she will have to transfer them to himself or herself.
Please note: The transfer of intellectual property rights is subject to a strict formalism: under
By virtue of Article L.131-3 of the Intellectual Property Code, "each of the rights assigned must be mentioned separately in the assignment deed and the field of exploitation of the assigned rights must be delimited as to its study and destination, as to the place and duration."

2. To include compulsory information on the website

Since the law n°2004-575 of 21 June 2004 for confidence in the digital economy, the creator of the site must include the following compulsory information on the site listed.

* Case n°1: The publisher, a natural person

• his surname and first name(s),
• his postal address, his e-mail address or his telephone number and,
• where applicable, the number of his registration with the RCS.

Attention: The publisher who reproduces an image and/or a photograph of a third party on his site must indicate their intellectual property. Similarly, the publisher who reproduces the text of a third party must quote the source.

* Case n°2: The publisher, a legal entity

• its name or company name,
• the address of its registered office, its e-mail address or its telephone number,
• the number of its registration with the RCS and,
• the amount of its share capital.

Additional information is required depending on the activity carried out:

For a commercial activity :

• the number of its registration with the RCS and,
• the individual identification number.

For a craft activity :

• the registration number in the trade register.

For an activity subject to an authorisation regime :

• the name and address of the authority that issued the authorisation to operate.

For a regulated activity :

• the reference to the relevant professional rules and,
• the professional title and the Member State in which it was granted.

Please note: The absence of legal notices on a website is punishable by one year's imprisonment and a fine of 75,000 euros, in accordance with Article 6 IV of the LCEN.

If you want to create an eCommerce platform: You should also think about drafting General Terms and Conditions of Sale and Use as well as a Privacy Policy dealing with the way in which users' personal data is used, in particular in compliance with the RGPD regulation!

* Case 1: General conditions of sale between professionals

Any person carrying out production, distribution or service activities must communicate the general conditions of sale and use to any buyer who requests them for a professional activity.

This communication shall be made by any means constituting a durable medium (you should opt for a PDF file, not a hypertext link whose pages may be modified at any time).

Attention: The communication of the general conditions of sale is not sufficient: the buyer must have ticked the box "I acknowledge having read and accepted the general conditions of sale".

These include in particular:

• the terms of payment, delivery and performance,
• the elements for determining the price such as the unit price scale and any additional charges,
• the application or not of the withdrawal period,
• any price reductions.
• The service provider shall be obliged to communicate to the recipient, on request, the method of calculating the price so that the recipient can verify by himself, or a detailed estimate/quote.

Please note: Failure to communicate the general terms and conditions of sale to a buyer who requests them for a professional activity is punishable by an administrative fine of up to €15,000 for a natural person and €75,000 for a legal person.

* Case 2: The general conditions of sale between a professional and a private individual

In the same way, the creator of the eCommerce site will have to communicate to individuals
the information provided for in Article R.111-1 of the Consumer Code, namely :

• his name or company name, the geographical address of his establishment and, if different, that of the registered office, his telephone number and his e-mail address,
• the terms of payment, delivery and performance of the contract as well as those laid down by the trader for handling complaints
• the existence of and procedures for implementing the legal guarantee of conformity, the legal guarantee against hidden defects or any other applicable legal guarantee,
• where applicable, the duration of the contract or, in the case of an open-ended or tacitly renewable contract, the conditions for terminating it
• where applicable, the functionalities of the digital content, including any applicable technical protection measures, and any relevant compatibility and interoperability with certain digital goods, content or services and with certain hardware or software, of which the trader is or ought reasonably to be aware, and
• the contact details of the relevant consumer ombudsman(s).