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IT services companies, web agencies and IT providers

4 min

Website creation contract by an attorney - Romain Mirabile

The website creation contract is an essential document for web agencies and e-commerce sites. It establishes the working basis between the service provider and the client, and defines the commitments of each party. In this article, we will address the different phases of this contract, e

E-merchants and marketplaces

8 min

Practical Guide for Professionals: Right of Withdrawal and Withdrawal Form Explained

As a professional, it is crucial to understand the right of withdrawal and to fill out the withdrawal form.

Software publishers and SaaS

4 min

Commercial agent: a key player in software sales

The commercial agent is a key player in software sales. In the world of digital commerce, the commercial agent plays a crucial role. They represent a company that sells software and act as the link with potential clients. This role takes on particular importance in France, where regulation and the leg

Software publishers and SaaS

3 min

Transfer of personal data to the United States possible again

The United States offers an adequate level of protection for personal data transferred from EU companies to the United States. It is in this sense that, on 11 July, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework.

E-merchants and marketplaces

7 min

Drafting and adding your privacy policy to your Shopify website

Find out how a robust privacy policy for your Shopify website can protect your personal information, strengthen your online security and ensure worry-free browsing: everything you need to know is here!

Software publishers and SaaS

6 min

Drafting a Cookie Policy - FAQ

How do you draft a cookie policy?

Manufacturers and Distribution Networks

14 min

Exclusive or selective distribution agreement: how to choose the model suited to your business?

Choosing the right distribution model is a major strategic decision for any supplier, manufacturer or network head wishing to develop the marketing of its products. Between exclusive distribution and selective distribution , the legal, competition and commercial stakes are

Software publishers and SaaS

14 min

SaaS Contract: Essential Clauses for Vendors and Clients

Software as a Service (SaaS) has established itself as the dominant model for distributing professional software. Yet it remains a hybrid legal product, poorly understood by the executives who negotiate it daily. A SaaS contract is neither a software sale nor a simple servic

E-merchants and marketplaces

16 min

Marketplaces vs. proprietary e-commerce websites: a comparative legal analysis for 2025

In e-commerce, effectively protecting this intellectual property becomes a major issue when it comes to ensuring the long-term viability of your business.

Software publishers and SaaS

12 min

GDPR and SMEs: why appointing a DPO is becoming essential?

SMEs are often ill-equipped to handle the GDPR obligations they face. At what point does appointing a DPO become essential?

Software publishers and SaaS

13 min

Cyberattacks against companies: directors' legal liability and legal defence strategies

Cyberattacks targeting companies engage the liability of corporate officers and require suitable strategies.

Software publishers and SaaS

5 min

CNIL Lawyer: Avoiding 5 Common GDPR Compliance Mistakes

Let's explore together the 5 most common GDPR compliance mistakes and how a CNIL lawyer can help you avoid them.

IT services companies, web agencies and IT providers

2 min

How to draft a GDPR data processing agreement with an IT service provider

The GDPR adds obligations for GDPR processors that are IT service providers and for controllers. These rules raise awareness of responsibilities in data processing arrangements. Processors are developing standard contractual clauses to comply with them.

IT services companies, web agencies and IT providers

3 min

Website SEO contract drafted by a lawyer - Romain Mirabile

In a constantly evolving digital world, visibility on search engines is a major challenge for any business. Setting up a website SEO contract is one way to ensure your online visibility.

IT services companies, web agencies and IT providers

3 min

IT hosting contract drafted by a lawyer - Romain Mirabile

Storing a company's IT data can represent a challenge. Fortunately, it is possible to conclude a hosting contract, with a host who will be responsible for storing a website on behalf of its client. This contract will govern the terms of performance of each party's obligati

Dropshipping

2 min

Is dropshipping legal in France?

The question of whether dropshipping is legal in France arises for many operators. Dropshipping, or "direct delivery", is a method of online commerce in which the seller focuses exclusively on marketing and selling products. In this model, the supplier

IT services companies, web agencies and IT providers

3 min

Avoiding the pitfalls in IT maintenance contracts!

In the constantly evolving world of new technologies, it is crucial to keep your IT infrastructure up to date and operational.

Software publishers and SaaS

3 min

Source code obsolescence does not justify non-performance of the contract: a key ruling from the Paris Court of Appeal

IT outsourcing (infogérance) is a contract whereby a company entrusts the management of its information system to a specialised service provider.

E-merchants and marketplaces

7 min

Everything you need to know about domain name protection

A domain name is the first step toward building an online identity, one that calls for enhanced safeguarding through domain name protection.

E-merchants and marketplaces

3 min

The regulation of influencer advertising

Strict regulation for increased transparency: the law of 9 June 2023 was adopted to regulate the booming advertising activity of influencers.

Manufacturers and Distribution Networks

14 min

Recruiting and legally framing commercial agents: the complete guide to securing your commercial development

Using a commercial agent is one of the most effective strategies for developing a distribution network without increasing the payroll. As an independent representative, the commercial agent negotiates and concludes contracts in the name and on behalf of a company, in exchange for commissions. T

Software publishers and SaaS

15 min

Outsourced DPO: duties, fees and trade-offs with an internal DPO

Since the General Data Protection Regulation (GDPR) came into force on 25 May 2018, appointing a Data Protection Officer (DPO) has become one of the pillars of compliance for organisations processing personal data. Yet many managers of

Software publishers and SaaS

5 min

GDPR: the 5 most costly mistakes

Here are the 5 most costly mistakes in the event of a breach of the GDPR and of personal data protection obligations.

E-merchants and marketplaces

15 min

From audit to action: how to assess and strengthen the protection of your domain names

From the initial audit to action through the implementation of corrective measures, how can you assess and strengthen the protection of your domain names?

E-merchants and marketplaces

15 min

Domain name and trademark: legal strategies for comprehensive protection

In today's digital ecosystem, protecting a company's commercial identity relies on a careful interplay between different intellectual property rights. Among these, the trademark and the domain name hold a leading position, forming the cornerstones of the

E-merchants and marketplaces

9 min

The legal status of marketplaces: between intermediary and merchant

The legal status of marketplaces is a fundamental issue and is defined between 2 categories: intermediary and merchant.

IT services companies, web agencies and IT providers

11 min

How to legally secure your cloud migration project?

Let's break down together the key points to watch in order to legally secure your cloud migration project.

E-merchants and marketplaces

6 min

New return and refund rules: how to stay compliant?

The rules governing product returns and refunds represent a crucial issue for e-merchants, given their impact on customer relations and the need for compliance with applicable legislation.

E-merchants and marketplaces

9 min

Cybersecurity and e-commerce: your legal obligations in the event of data breaches

Cybersecurity: this article breaks down your obligations in the event of data breaches and how to effectively secure your online business.

IT services companies, web agencies and IT providers

10 min

Website maintenance contract: the essential clauses

At a time when cyberattacks are multiplying and data protection regulations are tightening, the security of your website has become a major strategic issue.

Online gaming

14 min

Protecting Underage Players: Legal Obligations and Risks for Gaming Platforms in 2025

Protecting minors in the online gaming world is a major issue at the intersection of public health, ethics and legal liability. In 2025, the French regulatory framework has been considerably strengthened, imposing strict obligations on operators

Online gaming

8 min

The 2024 SREN Act and the gaming industry: what every developer needs to know

In May 2024, France took a decisive step in regulating emerging digital economies with the adoption of the SREN Act (Securing and Regulating the Digital Space). Among the many provisions of this legislation, Articles 40 and 41 attracted particular attention from de

Manufacturers and Distribution Networks

4 min

Discounts, rebates, commercial cooperation: what are the differences and what is at stake?

What is at stake and what are the differences between discounts, rebates and commercial cooperation?

Manufacturers and Distribution Networks

17 min

What are the franchisor's obligations under a franchise agreement?

The franchise agreement has established itself as one of the most dynamic development models in France, whether in the restaurant, retail, personal services or digital pure-player sectors. For the franchisor, this model makes it possible to replicate a proven concept without bearing alone

Software publishers and SaaS

16 min

When is a DPO mandatory? GDPR criteria and CNIL sanctions

Appointing a data protection officer (DPO) is one of the cornerstones of compliance with the General Data Protection Regulation (GDPR). For many digital companies, e-commerce sites, digital platforms, mutual insurers, healthcare organisations or public authoritie

Dropshipping

14 min

Dropshipping on TikTok Shop: the specific legal risks to know in 2026

TikTok Shop has established itself as one of the most dynamic online sales platforms in Europe. For entrepreneurs drawn to the dropshipping model, the commercial opportunities are real. But the legal risks, often underestimated, are just as real. In 2026, between the en

Software publishers and SaaS

11 min

Evidence Agreement and Electronic Signature: Legally Securing Your Digital Contracts

The qualified signature is the only level for which the law recognises a presumption of reliability. For the other two levels, the legal value is not nil, but it will have to be proven in the event of a dispute, which can prove difficult and costly.

Manufacturers and Distribution Networks

15 min

Independent commercial agent: status, risks and termination indemnity

Engaging an independent commercial agent is a strategic decision for any business seeking to grow its sales without hiring. This distribution model offers real advantages: flexibility, no direct employer social charges, and rapid expansion into new territories.

Software publishers and SaaS

16 min

Article 6 GDPR: choosing the right legal basis to secure your processing operations

By the law firm Mirabile Avocat — Digital law, GDPR and regulatory compliance

E-merchants and marketplaces

8 min

E-commerce: GTC as a Genuine Strategic Tool

General Terms and Conditions of Sale (GTC) are far more than a mere mandatory legal document for your e-commerce website.

Manufacturers and Distribution Networks

15 min

The essential clauses of a balanced franchise agreement

Let's explore the 7 essential clauses to consider when reviewing or negotiating a balanced franchise agreement.

Software publishers and SaaS

11 min

Custom software development: the key contractual elements to protect your investment

The development of custom software represents a major strategic investment for a company. Beyond the financial aspects, it is a project that mobilises considerable internal resources and can profoundly transform business processes.

Manufacturers and Distribution Networks

4 min

Regulatory developments in franchising in 2025: what franchisors and franchisees absolutely need to know

The world of franchising is constantly experiencing legal developments that can significantly impact the relationships between franchisors and franchisees. In 2025, several major regulatory changes have reshaped the landscape of this popular business model.

Software publishers and SaaS

6 min

The APD fines an electronic invoicing website for a GDPR breach

The APD (Data Protection Authority) imposed a fine on an electronic invoicing website for a GDPR breach.

Manufacturers and Distribution Networks

8 min

Termination indemnity for commercial agents: calculation and recent case law

One of the most important protections available to commercial agents in France concerns their right to a termination indemnity when their contract ends at the principal's initiative. This indemnity, often overlooked or wrongly assessed, nevertheless represents a considerable financial stake

Manufacturers and Distribution Networks

10 min

The 5 Little-Known Legal Obligations of Commercial Agents in France

Here are the five legal obligations that commercial agents must absolutely know and comply with in France.

Software publishers and SaaS

10 min

Data and big data: the new legal obligations for businesses and the essential role of a CNIL lawyer

The big data revolution brings with it new legal obligations, particularly when personal data is being processed.

Software publishers and SaaS

7 min

GDPR DPO: duties, responsibilities and real cost for a business

Since the General Data Protection Regulation (GDPR) came into force in May 2018, the role of Data Protection Officer (DPO) has established itself as a central pillar of digital compliance. Yet many directors of micro-businesses, SMEs and sta

Software publishers and SaaS

8 min

GDPR Compliance: What Changed in 2025

GDPR compliance in 2025: Since it came into force in 2018, the GDPR has continued to evolve. How can you ensure compliance in 2025?

E-merchants and marketplaces

14 min

Cross-border e-commerce: legal guide to conquering international markets

Cross-border e-commerce offers considerable growth prospects for French companies.

Software publishers and SaaS

5 min

External DPO or GDPR lawyer: which solution should you choose for your compliance?

Faced with the strict requirements of the General Data Protection Regulation (GDPR), companies are looking for the best strategy to ensure their compliance. They essentially have two options: calling on an external Data Protection Officer (DPO) or surrounding themselves with a

E-merchants and marketplaces

13 min

Blockchain and Web3: new challenges for domain name protection

The emergence of blockchain technologies and the advent of Web3 are profoundly transforming domain name protection.

Manufacturers and Distribution Networks

7 min

The resilience of franchise networks in the face of franchisor default

At the heart of the legal issues in franchise law, what about franchisor default within franchise networks.

Manufacturers and Distribution Networks

16 min

How to Draft a Commercial Agent Contract Compliant with French Law in 2025

Drafting a commercial agent contract is a crucial step in setting up an effective and secure distribution strategy. Too often, businesses underestimate the importance of this legal formalization, settling for generic templates or imprecise clauses

E-merchants and marketplaces

5 min

Misleading commercial practices and the sale of online training courses

In a context where the internet has become fertile ground for online education, the sale of training courses is attracting more and more potential buyers. However, this thriving market is not free from questionable practices. Misleading commercial practices prove particularly conc

Manufacturers and Distribution Networks

6 min

Distribution: validity of a waiver-of-claims clause in the absence of revenue

Within the framework of a partnership agreement, it is common to include specific clauses governing the relations between the parties. Among these, the waiver-of-claims clause holds an essential place, particularly with regard to contractual liability. This clause, when it

IT services companies, web agencies and IT providers

13 min

How to draft a solid IT outsourcing agreement: a practical guide for CIOs and legal departments

Drafting a high-quality IT outsourcing agreement is a decisive factor in the success or failure of projects: here is a practical guide.

Dropshipping

4 min

Dropshipping: 5 fatal legal mistakes and how to avoid them

Dropshipping has become a popular method for getting started in e-commerce with a limited initial investment. However, behind this apparent simplicity lie numerous legal pitfalls that can prove extremely costly, or even fatal, for your business. Discover the f

Manufacturers and Distribution Networks

8 min

Significant imbalance in franchising: what are the recent trends and implications for franchisors?

Significant imbalance in franchising has become a major concern for players in this sector. While franchise law interacts in complex ways with competition law, the issues surrounding this concept have intensified, particularly following a recent

Software publishers and SaaS

8 min

The consequences of DSA harmonisation on national law: towards uniform regulation of digital services?

The adoption of the Digital Services Act (DSA) in 2022 by the European Union marks a pivotal turning point in the regulation of digital services. This legislation aims to harmonise the rules applicable to providers of intermediary services, thereby responding to the growing diversity o

E-merchants and marketplaces

7 min

How to recover your domain name?

Losing a domain name can be a real problem, especially when it is essential to your online business. Whether following a missed renewal, a fraudulent transfer or cybersquatting, there are several ways to recover your domain name. This process can

Manufacturers and Distribution Networks

14 min

Commercial agent status: rights, register and termination indemnity

The commercial agent status is one of the most protective in French business law. Yet it remains largely unknown to managers of micro-businesses and SMEs, to startups in the commercial structuring phase, and to independent professionals who negotiate contracts on behalf of third-party companies. When poorly understood, i

E-merchants and marketplaces

15 min

GTC for freelancers and sole traders: template and specific clauses to know

For a freelancer, a graphic designer, a web developer or a sole-trader consultant, the general terms and conditions of sale are not a mere administrative document. They form the legal backbone of the client relationship, the only written medium that genuinely frames prices, the

E-merchants and marketplaces

11 min

Domain Name Impersonation: Effective Legal Actions to Recover It

The impersonation of a domain name constitutes one of the most serious threats to a company's digital identity . This phenomenon, which is steadily increasing, can take various forms: cybersquatting , typosquatting , fraudulent diversion , or simple malicious anticipation .

Software publishers and SaaS

9 min

The essential duties of the DPO not to be overlooked

Let's explore the five essential duties of the DPO that no organisation processing personal data can do without.

E-merchants and marketplaces

5 min

E-commerce: 5 Major Legal Risks for Businesses in 2025

The e-commerce landscape is evolving rapidly, and with it, the legal challenges facing businesses operating in this sector.

E-merchants and marketplaces

7 min

How to protect your marketplace against sales of counterfeit goods?

In 2025, the sale of counterfeit goods on marketplaces has grown considerably, threatening their reputation and security.

Manufacturers and Distribution Networks

17 min

Franchisee in difficulty: what remedies against a defaulting franchisor?

Entering into a franchise often represents a considerable investment, both financial and personal. When the relationship with the franchisor deteriorates due to breaches of its contractual obligations, the consequences can be dramatic for the franchisee: turnover

Dropshipping

9 min

Dropshipping: which legal structure to choose (sole trader, SARL or SAS)?

Choosing the legal structure is a fundamental step for any entrepreneur starting out in dropshipping. This decision, far from trivial, will have major repercussions on your growth, your taxation and the protection of your personal assets. Between sole trader status, the SARL and

Software publishers and SaaS

6 min

How to legally secure the launch of your B2B SaaS solution?

Legally securing the launch of your B2B SaaS solution is a fundamental pillar of your project's success.

Manufacturers and Distribution Networks

7 min

Participative franchising: a threat to the franchisee's independence?

The emergence of the participative franchising concept raises fundamental questions about the franchisee's independence.

Online gaming

7 min

Copyright and video games: the Cour de cassation's ruling on the non-exhaustion of distribution rights

Copyright, a fundamental pillar for the protection of intellectual creations, is undergoing constant redefinition in the face of technological developments, particularly with the rise of video games. The recent ruling of the Cour de cassation in the UFC-Que Choisir v. Valve case raises

Software publishers and SaaS

7 min

Does a breach of the GNU GPL V2 licence constitute copyright infringement?

The GNU GPL V2 open source licence is a cornerstone of the free software ecosystem, allowing users to copy, modify and distribute programs while preserving the developers' intellectual property rights. In a context where technology is evolving r

Software publishers and SaaS

6 min

How to react when you receive confidential information from a competitor?

When a company receives confidential information from a competitor, it finds itself in a delicate situation. How should it react to avoid serious consequences under competition law? Such unsolicited exchanges, whether they take place during a meeting, an exchange

Manufacturers and Distribution Networks

7 min

Labelling of seafood and freshwater products: the rules you need to know

The labelling of seafood and freshwater products is a growing concern for consumers who care about the quality and origin of the food they buy. Understanding the rules governing this labelling is essential not only to ensure food safety, but al

Manufacturers and Distribution Networks

15 min

Pre-contractual disclosure document (DIP) in franchising: mandatory content before signing

Joining a franchise network is a strategic step for many entrepreneurs. Before committing sometimes several hundred thousand euros and signing a contract that may run for five, seven or ten years, the law requires the franchisor to provide a pre-contractual disclosure docu

E-merchants and marketplaces

17 min

GTC of Use and GTC of Sale: differences, articulation and mistakes to avoid to secure your digital business

For any director of a digital company, e-merchant, platform publisher or online service provider, the General Terms of Use (GTU) and the General Terms and Conditions of Sale (GTC) constitute the daily contractual foundation of the business. Yet these two documents are the subject of

Manufacturers and Distribution Networks

16 min

Termination of established commercial relationships: anticipating litigation

In business life, ending a commercial partnership is a strategic decision that any executive may have to take. Yet terminating a commercial relationship without precaution exposes the company to severe financial consequences. The abrupt termination of established commercial

Manufacturers and Distribution Networks

10 min

Pre-Contractual Disclosure Document (DIP): a crucial document in your franchise project

In the world of franchising, one document stands out for its fundamental and mandatory nature: the Pre-Contractual Disclosure Document, commonly known as the DIP.

Software publishers and SaaS

6 min

Employees' right of access to their personal data and emails: what is at stake?

The right of access to personal data is a crucial issue in the digital age, particularly when it comes to upholding employees' rights within the company. Established by the GDPR, this right allows every individual, including employees, to access the personal information held by their

Manufacturers and Distribution Networks

6 min

Inter-trade reserves in the wine sector: price regulation under debate

In a context where agricultural markets, and the wine sector in particular, are experiencing significant price fluctuations, the issue of inter-trade reserves is emerging forcefully. The French Competition Authority was recently asked to assess the possibility of putting in pl

Manufacturers and Distribution Networks

13 min

Franchisee vs independent: a comparative legal and financial analysis for entrepreneurs

Franchisee vs independent? Our comparative analysis sheds light on each status and helps you make an informed choice.

E-merchants and marketplaces

7 min

Dark Patterns: companies fined for deceptive interfaces

In the digital world, an insidious practice gradually spread before drawing the attention of regulators: dark patterns. These user interface techniques are specifically designed to manipulate consumers' choices online, subtly nudging them towards

Software publishers and SaaS

7 min

GDPR and SaaS solutions: legal best practices for publishers

In the age of digital transformation, SaaS (Software as a Service) solutions have established themselves as the standard for distributing professional software. This shift comes with increased responsibility for publishers when it comes to data protection. The General Data Protection

Software publishers and SaaS

6 min

GDPR and marketing targeting: can legitimate interest be invoked without consent?

In a context where the protection of personal data has become a major concern, the case BGH VI ZR 109/23 raises crucial questions about the implications of the GDPR and of consent. Indeed, the recent case law of the German Federal Court of Justice could redefine

Software publishers and SaaS

5 min

Artificial intelligence and public services: review of the CNIL's "sandbox"

Artificial intelligence (AI) is set to profoundly transform public services, and the Commission Nationale de l'Informatique et des Libertés (CNIL) is establishing itself as a key player in this evolution. With its innovative sandbox programme, the CNIL provides support

E-merchants and marketplaces

6 min

DSA: How Does the European Commission's Investigation Into Temu Affect the Safety of Products Sold Online?

The Digital Services Act (DSA) marks a major step forward in the regulation of digital platforms, providing a legislative framework to ensure product safety and consumer protection within the European Union. The recent opening of an investigation by the European Commi

Software publishers and SaaS

7 min

What are the legal responsibilities of a DPO?

As a key player in a company's compliance, the DPO has specific legal obligations.

E-merchants and marketplaces

4 min

General Terms and Conditions of Sale for professionals: everything you need to know!

General Terms and Conditions of Sale (GTC) intended for business customers are an important legal document for companies that sell products or services online.

IT services companies, web agencies and IT providers

18 min

GTC for service providers: structure and essential clauses to secure your business

General terms and conditions of sale are the cornerstone of the contractual relationship between a service provider and its clients. Yet many executives of micro-enterprises, SMEs, startups or freelancers neglect this document or settle for generic templates downloaded online. This

E-merchants and marketplaces

14 min

Selective distribution: can sales on marketplaces be prohibited?

The question is one of the most debated in distribution law over the past decade: can a manufacturer or supplier validly prohibit its approved distributors from selling its products on platforms such as Amazon, Cdiscount or Fnac Marketplace? The answer is yes, subject to condi

IT services companies, web agencies and IT providers

9 min

The 5 Pitfalls to Avoid in Your IT Contracts

In the digital age, IT contracts have become strategic documents, yet they often contain numerous pitfalls to avoid... Discover 5 common pitfalls and how to avoid them.

Software publishers and SaaS

3 min

Informatique et Libertés Tables: the CNIL updates its doctrine and publishes its Cahiers

The Informatique et Libertés Tables are an essential tool in the field of data protection, and the CNIL's recent 2024 update is no exception. This initiative highlights the growing importance of access to doctrinal developments for professiona

Software publishers and SaaS

10 min

Software development contracts: warranties and liabilities to effectively protect your business

In today's digital world, software development contracts are the cornerstone of many IT projects. These complex legal documents define not only the expected functionalities and delivery deadlines, but also - and this is often underestimat

Software publishers and SaaS

13 min

SaaS contracts vs. custom software development contracts: which model should your business choose?

Faced with growing digitalization needs, businesses are confronted with a fundamental strategic choice: opting for a standardized software solution available through a SaaS (Software as a Service) model or investing in custom development tailored precisely to their

IT services companies, web agencies and IT providers

8 min

Website maintenance contract: costly mistakes to avoid

Signing a website maintenance contract is essential. However, many companies make mistakes.

Software publishers and SaaS

10 min

CNIL Audit: How to Prepare and Why You Should Engage a Lawyer

The CNIL is stepping up its audits: understanding how a CNIL audit works and preparing for it with the help of a lawyer is essential.

Dropshipping

9 min

International dropshipping: a legal guide to selling abroad lawfully

Dropshipping offers the opportunity to sell internationally without any apparent geographical constraints. This freedom, however, comes with complex legal challenges that deserve particular attention.

Software publishers and SaaS

7 min

GDPR compliance at work: how to inform employees of the data processing in place?

In an increasingly digitalised world, the protection of personal data has become a major concern for companies and employees alike. The application of the General Data Protection Regulation (GDPR) imposes on employers, and more particularly on Directors

Online gaming

6 min

Pornographic websites blocked for minors: what new rules apply in April 2025?

In a context where minors' access to pornography and pornographic websites has become a leading societal concern, the recent blocking rules introduced by the French audiovisual and digital regulatory authority (ARCOM) reflect a strong determination to protect this vul

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