It's important to understand that when you transfer your website, you're transferring a complex entity that includes intellectual works and databases, as defined by the French Intellectual Property Code. This operation covers the entire site, including :
- the domain name,
- IT contracts, e.g. for hosting and maintenance,
- site content,
- image rights,
- source code,
- e-mail address,
- social networking profiles,
- the database,
- customers and traffic generated.
To ensure that the sale goes smoothly, it's a good idea to call on the expertise of a lawyer specializing in mergers and acquisitions, as well as a lawyer specializing in digital law. Together, they will help you identify and reduce the risks associated with each component of the transaction.
The importance of intellectual works and databases in the transfer of your website
In general, the sale of a website involves the transfer of rights held by the selling company. In this context, intellectual works and databases play an essential role.
Customer file transfer
The customer file, whether in paper or digital format, is a major intangible asset reflecting customer value. This file, rich in personal data, must comply with the RGPD and the Loi Informatique et Libertés. Before any transfer, the seller must obtain the consent of customers while ensuring that their rights with regard to personal data are respected. To find out more: https: //www.cnil.fr/fr/vente-de-fichiers-clients-la-cnil-rappelle-les-regles
Transferring digital contracts
Once the customer file has been transferred, it's time to tackle the transfer of contracts vital to the online business, such as those relating to hosting and SEO. The SEO audit is crucial, as it directly influences the value of the site.
It is also crucial to guarantee the transfer of intellectual property rights, by carefully examining contracts with service providers, such as developers and graphic designers, to confirm ownership of these rights.
Domain name transfer
It is advisable to include a clause guaranteeing the peaceful enjoyment of the domain name. In this way, the purchaser remains protected in the event of a dispute threatening the use of the site.
Is the sale of a website a sale of a business?
The sale of a website can be broken down into two scenarios, each with significant legal implications. The first is limited to the site, while the second encompasses an electronic business, subject to stricter rules under the French Commercial Code to prevent the sale from becoming null and void.
Administrative process
Following the sale, an announcement must be published in the BODACC and customers informed of the change of ownership, ideally via the website. It is also necessary to register the deed of sale with the relevant tax authorities.
Selling a website requires in-depth legal expertise. Consulting a digital lawyer is essential for navigating through potential challenges. Seeking professional advice is therefore essential to secure your transaction in the best possible way.
If you'd like to see what Internet sites are currently being sold, you can visit sites like Dotmarket.eu.
