What is a Digital Platform?
A digital platform is an entity that uses technology to facilitate the exchange of goods, services or social content between various groups.
This encompasses a range of structures, from small marketplaces to e-commerce giants like Amazon and Airbnb.
If you have any questions about your obligations, you can contact me as a digital lawyer.
Disclosure requirementsfor digital platforms
In France, all digital platforms are subject to general information obligations(Article L. 111-1 et seq. of the French Consumer Code) as well as more specific ones(Article L. 111-7 of the French Consumer Code).
In fact, they are required to provide clear and transparent information on their conditions of use, their referencing terms and contractual relationships that may affect this referencing.
LesPlateformes de Mise en Relation et leurs Obligations Spécifiques (Matchmaking Platforms and their Specific Obligations)
Relationship platforms, which facilitate the link between service providers and consumers, have additional obligations.
They must provide detailed information on the quality of suppliers, the description of the service, its price, payment terms, insurance and guarantees offered, and dispute settlement procedures(Article D. 111-8 of the French Consumer Code).
Large Digital Platforms and their Obligations
A large digital platform, with more than five million unique visitors per month, has additional obligations to reinforce clarity, transparency and fairness towards its users(Articles L. 111-7-1 and D. 111-15 of the French Consumer Code)
From October 1, 2023, they are also required to carry out a cybersecurity audit and present the results in an understandable way to users.
Sanctionsfor non-compliance with information obligations
Failure to comply with information obligations can result in heavy penalties. For a natural person, the fine can be up to €75,000, and for a legal entity, it can be up to €375,000.
Newfrom June 9, 2023
Since June 9, digital platforms have new obligations regarding commercial influence.
To find out more, I invite you to read the article: "Law no. 2023-451 of June 9, 2023 - New obligations for digital platforms concerning influencers."
Managinga digital platform involves numerous legal obligations. It's essential to consult a legal professional to ensure your platform complies with all regulations. This not only helps avoid disputes, but also boosts user confidence in your platform.
Don't take unnecessary risks. Make sure your digital platform complies with all applicable laws, and offer your users a safe and reliable experience. Don't hesitate to contact us if you have any further questions or need help ensuring your platform's compliance.
