End of printed receipts: what impact on the GDPR and consumer rights?

From 1 August 2023, the end of the systematic printing of receipts came into effect in France, marking a significant turning point in the fight against waste and the protection of the environment. This change, resulting from the AGEC law on the circular economy, aims to reduce paper consumption and to support a more sustainable approach in commerce.

However, this transition raises questions about the implications for consumer rights and compliance with the GDPR regarding the processing of personal data. Consumers now have the option to request a digital receipt, but this also entails new obligations for retailers, particularly in terms of data protection.

In this article, we will explore the various facets of this development: the reasons for this reform, the requirements that retailers must meet to ensure GDPR compliance, and finally, consumers' rights in the face of the collection of their data.

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1. Why has the end of the systematic printing of receipts been introduced?

The decision to introduce the end of the systematic printing of receipts as of 1 August 2023 is part of a broader effort to fight against waste and to promote a circular economy in France. This change, introduced by law no. 2020-105 of 10 February 2020 on the fight against waste and the circular economy, aims to reduce the environmental impact of the paper waste generated by receipts.

This new regulation is doubly beneficial: it not only makes it possible to reduce the consumption of natural resources^1 but also to encourage greater digitalisation of commercial practices. Thus, retailers and consumers are encouraged to turn to more environmentally friendly alternatives. In order to make this shift to a paperless system effective and responsible, several key points must be observed:

• Option to request: The consumer is free to request the printing of their receipt in paper format if they wish, which ensures that customer service remains adaptable to their needs.
• Avoiding automation: The sending of digital receipts must not be automatic and must respect the customer's choice.
• Respect for personal data: The shift to paperless receipts implies careful management of data, in accordance with the GDPR.

This modernisation of distribution practices also requires clarification of retailers' responsibilities, particularly with regard to the protection of personal data, which will be addressed later in this article.

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2. How can retailers comply with the GDPR when sending digital receipts?

With the introduction of digital receipts, it is crucial for retailers to understand how to process their customers' personal data in accordance with the GDPR. Indeed, the management of this information must be carried out carefully to ensure data protection and respect for consumer rights.

To ensure GDPR compliance when sending digital receipts, retailers must follow several fundamental principles:

• Informed consent: Before sending a digital receipt, it is imperative to obtain the consumer's explicit consent. The consumer must be clearly informed about the nature of the data collected and how it will be used.
• Data minimisation: Retailers must ensure that only the data necessary for this purpose is collected. This means that superfluous information must be set aside.
• Transparency: Customers must be informed of their rights regarding their data, including their right to access this information, to rectify it or even to request its deletion.
• Data security: It is essential to protect personal data through appropriate security measures, such as encryption or restricted access.

By respecting these principles, retailers not only align themselves with the requirements of the GDPR, but also strengthen consumers' confidence in the protection of their data. This helps to foster healthy and lasting commercial relationships.

In addition to ensuring compliance with the regulation, it is equally important to make consumers aware of their rights concerning the data collected for sending digital receipts. This subject will be examined in more detail in the next section.

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3. What are consumers' rights concerning the collection of their data for sending receipts?

When a consumer chooses to receive a digital receipt, they must be informed of the rights conferred on them by the GDPR. Indeed, the processing of their personal data cannot be carried out without respecting a set of principles that guarantee the protection of consumer rights.

Customers' rights, with regard to data processing related to the sending of receipts, include:

It is important to note that, while the GDPR stipulates that retailers must obtain the customer's explicit consent before contacting them for commercial prospecting purposes, there are exceptions. For example, if the products or services offered are similar to those the consumer has already purchased, the retailer may proceed with mailings without prior consent, provided that the customer is informed and offered the possibility to object.

Furthermore, when the consumer asserts their rights and does not receive an adequate response within the legal time limit of one month, they have the right to file a complaint with the CNIL. This underlines the importance for retailers of strictly complying with these requirements in order to maintain consumer confidence and to protect themselves against potential sanctions.

In summary, the regulatory developments surrounding the printing of receipts open up an essential dialogue on respecting consumer rights and the processing of personal data. Retailers must ensure that they are transparent and responsible and that they respect customers' rights in order to build a lasting relationship of trust.