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Façon C - Papamiam SARL
2 rue Gabriel Péri
83210 Solliès-Pont
FRANCE
VAT number: FR19520040046
SIRET: 52004005600027
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Decree No. 2017-1436 of September 29, 2017 on information requirements relating to online consumer reviews
NOR: ECOC1716649DAlias: https://www.legifrance.gouv.fr/eli/decret/2017/9/29/2017-1436/jo/texte
Applicable persons: any natural or legal person whose main or secondary activity consists of collecting, moderating, or disseminating online consumer reviews. Purpose: information requirements incumbent upon natural or legal persons whose activity consists of collecting, moderating, or disseminating online consumer reviews. Effective date: the text shall enter into force on January 1, 2018. Notice: the decree determines the content and terms of application of the information provided for by the Article L. 111-7-2 of the Consumer Code which requires fair, clear, and transparent information on the terms and conditions for publishing and processing online reviews to be provided to any natural or legal person whose main or secondary activity consists of collecting, moderating, or disseminating online reviews from consumers. It defines the concept of online reviews, lists the information relating to the operating procedures of the online review service and the review control procedures that must be included in a specific section, and specifies the information that must appear alongside the review, as well as the procedures for informing consumers when their reviews are refused publication.References: the provisions of the Consumer Code amended by this decree can be consulted, in their amended form, on the Légifrance website (http://www.legifrance.gouv.fr). The decree is issued for the application of the Article 52 of Law No. 2016-1321 of October 7, 2016 for a digital republic.
The Prime Minister, on the report of the Minister of Economy and Finance, having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of September 9, 2015, laying down a procedure for the provision of information in the field of technical regulations and rules on information society services;
Having regard to the Consumer Code, in particular Article L. 111-7-2;
Having regard to the Law No. 78-17 of January 6, 1978 relating to information technology, files, and civil liberties, as amended;
Having regard to the opinion of the Advisory Committee on Financial Legislation and Regulation dated March 21, 2017;
Having regard to the opinion of the National Commission for Information Technology and Civil Liberties dated February 23, 2017;
Having regard to notification No. 2017/050 sent to the European Commission on February 8, 2017,
Decrees:
Chapter I of Title I of Book I of the Consumer Code is supplemented by Articles D. 111-16, D. 111-17, D. 111-18, and D. 111-19, which read as follows:
"Art. D. 111-16. -For the purposes of Article L. 111-7-2, an online review is defined as the expression of a consumer's opinion on their consumer experience through any means of assessment, whether qualitative or quantitative.
“Consumer experience” means whether or not the consumer has purchased the good or service for which they are submitting a review.
"User referrals, recommendations by users of online reviews, and expert reviews are not considered online reviews within the meaning of Article L. 111-7-2.
"Art. D. 111-17. -Any person carrying out the activity referred to in Article L. 111-7-2 shall clearly and visibly indicate:
"1° Near the reviews:
"a) Whether or not there is a review control procedure;
"b) The date of publication of each review, as well as the date of the consumer experience to which the review relates;
"c) The criteria for ranking reviews, including chronological ranking.
"2° In a specific, easily accessible section:
"a) Whether or not compensation is provided in exchange for submitting a review;
"b) The maximum period for publishing and retaining a review.
"Art. D. 111-18.-When the person carrying out the activity referred to in Article L. 111-7-2 exercises control over the opinions, they shall ensure that the processing of personal data carried out in this context complies with the Law No. 78-17 of January 6, 1978relating to information technology, files, and civil liberties, as amended and specified in the section provided for in 2° of Article D. 111-17:
"1° The main characteristics of the control of reviews at the time of their collection, moderation, or dissemination;
"2° The possibility, where applicable, of contacting the consumer who wrote the review;
"3° Whether or not it is possible to modify a review and, where applicable, the procedures for modifying the review;
"4° The reasons justifying a refusal to publish the review.
“Art. D. 111-19.-When the person carrying out the activity referred to in Article L. 111-7-2 refuses to publish a review, they shall inform the author of the reasons for the refusal by any appropriate means.”
This decree shall enter into force on January 1, 2018.
The Minister of Economy and Finance and the Secretary of State for Digital Affairs are responsible, each in their respective areas, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
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