text n ° 24
Decree No. 2017-1436 of September 29, 2017 relating to information obligations relating to online consumer reviews
NOR: ECOC1716649D
Alias: https://www.legifrance.gouv.fr/eli/decret/2017/9/29/2017-1436/jo/texte
Public concerned: any natural or legal person whose activity consists, mainly or incidentally, in collecting, moderating or disseminating online opinions from consumers.
Subject: information obligations incumbent on natural or legal persons whose activity consists of collecting, moderating or disseminating online opinions from consumers.
Entry into force: the text enters into force on January 1, 2018.
Notice: the decree determines the content and the methods of application of the information provided for by article L. 111-7-2 of the consumer code which imposes fair, clear and transparent information on the methods of publication and processing of online notice to any natural or legal person whose activity consists, mainly or incidentally, in collecting, moderating or disseminating online opinions from consumers. It defines the notion of online notification, lists the information relating to the operating methods of the online notification service and the review control procedures which must appear in a specific section and specifies the information which must appear near the. notice, as well as the modalities in which the consumer is informed of the refusal of the publication of his opinion.
References: the provisions of the Consumer Code modified by this decree can be consulted, in their wording resulting from this modification, on the Légifrance site (http://www.legifrance.gouv.fr). The decree is issued for the application of article 52 of law n ° 2016-1321 of October 7, 2016 for a digital republic.
The Prime Minister,
On the report of the Minister of the Economy and Finance,
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of September 9, 2015 providing for an information procedure in the field of technical regulations and rules relating to information society services;
Having regard to the Consumer Code , in particular its article L. 111-7-2;
Considering the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms modified;
Having regard to the opinion of the Advisory Committee on Legislation and Financial Regulation dated March 21, 2017;
Having regard to the opinion of the National Commission for Informatics and Freedoms dated February 23, 2017;
Having regard to notification n ° 2017/050 sent on February 8, 2017 to the European Commission,
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, D. 111-19 worded as follows:
"Art. D. 111-16.-For the application of the provisions of article L. 111-7-2, an online opinion means the expression of a consumer's opinion on his consumption experience thanks to to any element of assessment, whether qualitative or quantitative.
“The consumer experience means whether or not the consumer has purchased the good or service for which he is posting a review.
"Are not considered as online reviews within the meaning of Article L. 111-7-2, user sponsorships, recommendations by users of online reviews, as well as expert opinions.
"Art. D. 111-17.-Anyone carrying out the activity mentioned in article L. 111-7-2 clearly and visibly indicates:
"1 ° Close to notices:
“A) The existence or not of a review control procedure;
“B) The date of publication of each notice, as well as the date of the consumer experience affected by the notice;
“C) The criteria for classifying the opinions, including chronological classification.
"2 ° In a specific easily accessible section:
“A) The existence or not of consideration provided in exchange for the filing of a notice;
“B) The maximum period of publication and conservation of a notice.
"Art. D. 111-18.-When the person carrying out the activity mentioned in article L. 111-7-2 exercises control over the opinions, he ensures that the processing of personal data carried out in this context is in accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms modified and specifies in the section provided for in 2 ° of article D. 111-17:
“1 ° The main characteristics of the control of opinions at the time of their collection, their moderation or their distribution;
“2 ° The possibility, if necessary, of contacting the consumer who has authored the opinion;
“3 ° The possibility or not of modifying a notice and, where applicable, the modalities of modifying the notice;
“4 ° The reasons justifying a refusal to publish the notice.
"Art. D. 111-19.-When the person carrying out the activity mentioned in article L. 111-7-2 refuses the publication of a notice, he informs his author of the reasons for refusal by any appropriate means. "
This decree comes into force on January 1, 2018.
The Minister of the Economy and Finance and the Secretary of State in charge of digital are responsible, each as far as he is concerned, with the execution of this decree, which will be published in the Official Journal of the French Republic.
Done September 29, 2017.
Edouard Philippe
By the Prime Minister:
The Minister of Economy and Finance,
Bruno the Mayor
The Secretary of State, in charge of digital,
Mounir Mahjoubi
