3 essential points concerning the mandatory information to sell on the internet

You wish to create a company or develop part of your activity of sale on the internet. The operation of an e-commerce site must integrate mandatory information in order to comply with the regulations in force: legal notices, general conditions of sale, protection of personal data, etc. 3 key points to meet your obligations!

1. Legal notices

The Legal Notice group together all the information allowing an Internet user to identify the persons at the origin of the website content (publisher, host, owner).

Regardless of the type of website (blog, forum, media, e-commerce, etc.) this information is mandatory.

👉 For the sake of trust and transparency towards users, the law for trust in the digital economy (1) imposes a easy, direct and permanent access to this data.

Generally, the legal notices are:

Depending on your status (company or entrepreneur) as well as your activity (commercial, artisanal or regulated), certain mentions may vary.


Do you want to know how to write the legal notices of a website? Buy our dedicated file.

2. Protection of personal data

According to general data protection regulation (GDPR), personal data is defined as “any information relating to a Physical person identified or identifiable” (2)such as :

  • the surname and first name;

  • telephone number;

  • an online ID, access code or password;

  • E-mail,

  • etc

👉 If your website collects and processes this personal data, you must inform the user and obtain consent (3).

The processing of personal data obtained without consent is punishable by a fine of 300,000 euros.

Article 226-16 of the Penal Code

This consists in particular in informing the Internet user of:

  • the identity of the organization responsible for the data;

  • the purpose for which the data is processed;

  • the recipient and the retention period of the data;

  • user rights (refuse, access, rectify or delete data);

  • the use of cookies;

  • etc

💡 In practice, the collection of consent is done by means of a checkbox when consulting a website.

3. General conditions of sale

The general conditions of sale (CGV) define and regulate contractual relations.

They have the role ofinform professional or private customers of their rights and obligations during the sale of a good or a service (method of payment, determination of the price, identity of the professional, right of withdrawal, delivery conditions, legal guarantees, etc.).

👉 Depending on the nature of the commercial relationship, i.e. when it comes to sales between professionals (BtoB) (4) or sales between a professional and an individual (BtoC) (5)the content and the mandatory character of these T&Cs differ.

When you make sales to individuals, you have the obligation to communicate this information before any conclusion of contract. Indeed, they only acquire contractual value if they are known and accepted by the consumer before validate an order (6).

💡 In practice, the buyer’s consent can be obtained by ticking the dedicated box according to which “the latter declares to have read the general conditions of sale and to have accepted them before any purchase”.

⛔ It should be specified that the T&Cs should not be confused with the Terms of Service (TOS). These are mainly aimed at regulating the use of a service, such as a website.

3 essential points concerning the mandatory information to sell on

Do you want to know how to write your T&Cs on the internet? Buy our dedicated file.

(1) Law No. 2004-575 of 21 June 2004 for confidence in the digital economy
(2) Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, article 4
(3) Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Articles 6 and 7
(4) Item L441-1 of the Commercial Code
(5) Items L111-1 and L221-5 to L221-7 of the Consumer Code
(6) Item 1119 of the Civil Code

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3 essential points concerning the mandatory information to sell on the internet


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