FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP
Consumers benefit from several protections under this framework, including a legal guaran - tee of conformity (Articles L 217-4 to L 217-13 of the French Consumer Code) and a legal guar - antee of hidden defects (Articles 1641 to 1648 of the French Civil Code). Companies must include mandatory informa - tion on their websites to ensure consumers are aware of their rights. They must also comply with the General Data Protection Regulation (GDPR), which grants consumers enhanced rights over their personal data: access, correction, deletion, restriction, objection and data portability. Com - panies must clearly inform users about how their data is used, especially for advertising purposes, and obtain explicit consent for the intended data processing, if needed. To ensure that consumer rights are respected, companies must take the following steps: • they need to identify the applicable standards in the sector in which they operate and the specific regulations that apply thereto; • they should follow best practices issued by authorities such as the French Data Protec - tion Authority (CNIL), the Autorité de régula- tion de la communication audiovisuelle et numérique (ARCOM) or the Directorate Gen - eral for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF); • they must adapt their processes to ensure compliance with these regulations; • they should train their teams to raise aware- ness and ensure everyone understands and follows best practices and regulatory require - ments; and • they need to conduct regular internal or external audits, to verify if they are applying the rules correctly and to correct any non- compliance.
The best practices to handle consumer disputes are to provide clear and comprehensive informa - tion to consumers, ensuring transparency while avoiding the disclosure of sensitive details, and to inform consumers about the possibility of resolving disputes amicably. Companies should ensure access to efficient after-sales services to support consumer satis - faction. They must also implement the process - es required by the Consumer Code, such as the right of withdrawal and easy termination proce - dures outlined by law. Furthermore, consumers are entitled to access a consumer mediator at no cost, to facilitate the amicable resolution of dis - putes with professionals. Access to consumer- specific mediation must be guaranteed by TMT companies. Finally, companies need to establish internal processes to handle complaints promptly, such as offering a complaint form to address con - sumer issues. 1.5 The Role of Blockchain in the Digital Economy Cryptocurrency significantly impacts the legal landscape of the TMT sector both in France and in Europe. Enhanced anti-money laundering (AML) and counter-terrorist financing regulations require TMT companies involved in cryptocur - rency activities to implement comprehensive know-your-customer and AML procedures, which are essential for preventing illegal activi - ties and ensuring transaction integrity. The inte - gration of blockchain introduces new consid - erations for intellectual property rights and data security, requiring legal frameworks to evolve to address issues related to the ownership, dis - tribution and protection of digital content and user data. The legal environment actively sup - ports blockchain and smart contracts, fostering
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