France

Legal framework for protecting data and consumers | Legal framework for protecting consumers against spam | Legal framework for distance selling

Legal framework for protecting data and consumers

Regulations

French legislation on data protection is governed by the European Union Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

This directive has been incorporated into French law in Act n°2004-801 on the protection of individuals with regard to the processing of personal data and modifying Act n°78-17 of 6 January 1978 on information technology, data files and personal freedoms.

Obligation to register a list	Yes
Authorization to transfer a list	Necessary
Right to access his/her personal data	Yes
Right to rectify his/her personal data	Yes
Right to disclose his/her personal data	Yes
Right to prohibit processing of personal data	Yes

Commissioners

The National Commission for Data-processing and Freedoms (CNIL)

Legal framework for protecting consumers against spam

Regulations

In France spam is regulated by the Act of 21 June 2004 on confidence in the digital economy.

Commissioners

The National Commission for Data-processing and Freedoms (CNIL)

Legal framework for distance selling

Regulations

The French distance selling sector is regulated by two European directives:
- the European Union Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts;
- the European Union Directive 2000/31/EC on electronic commerce which aims to ensure free movement of information society services between Member States.

The corresponding national statutes are:
- Edict n° 2005-674 of 16 June 2005 on the carrying out of certain contractual formalities by electronic means;
- the Act of 21 June 2004 on confidence in the digital economy.

Insofar as the French Federation of e-commerce and distance selling is a member of EMOTA, the European E-Commerce and Mail Order Trade Association , it implements the European Convention on Crossborder Mail Order and distance selling which the members of EMOTA voted on 27 March 2002.

The French Federation of e-commerce and distance selling has its member companies sign a code of conduct such as the E-mail Charter.

Obligation to specify the adress to which the consumer can complain	Yes
Obligation to send the written details of the contract	Yes
Language of the contract	Not specified
Time limit for the company to execute the contract	30 days
Time limit for the consumer to withdraw the contract	7 working days

Commissioners

The French Federation of e-commerce and distance selling (FEVAD)

The French Union of Direct Marketing (UFMD)

The Federation of European Direct and Interactive Marketing (FEDMA)

The European E-Commerce and Mail Order Trade Association (EMOTA)

Consumer associations

The National Consumer Institute

The Federal Union of Consumers (UFC)Que Choisir

The Consumers' Association (CLCV)

The French Consumers' Association (ASCOF)

The European Consumer Centre France (ECC)

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Last updates: November 2007.