Mandatory information on the website of an individual entrepreneur

Inform the user

The collection of personal data must be carried out in a transparent.

So, you must inform the user on your website at the time of data collection (e.g. when filling out a contact form) and in case of subsequent changes in their use.

You must provide the following information:

• Identity and contact details of the body responsible for computer data processing personal e.g. Data Protection Officer (DPO)
• Purpose of the processing : what the personal data collected will be used for
• Legal basis for processing : this may involve the consent of the user, compliance with an obligation provided for by a legal text, the performance of a contract, etc.
• Mandatory or optional collection of personal data : the consequences for the Internet user in the event of non-provision of the data.
• Recipients of personal data : who will receive and access the data.
• Retention period for personal data
• Rights of the Internet user : the right to refuse the collection, the right to access, rectify and erase his data.
• Right of the Internet user to lodge a complaint with the Cnil: titleContent
• Where necessary, the transfer of personal data to a non-EU country

Information must be provided in a concise, transparent, comprehensible and easily accessible manner, in clear and simple terms.

On your website, you can use a link directly to the data protection policy, clearly visible on each page of the website, clearly labeled (“Personal data” or “Privacy” for example).

This privacy policy must be separate from the general terms and conditions of sale (GTC) of the website.

Obtain user consent

There are situations in which the information of the user alone is not enough.

You have to do more obtain consent when you do any of the following:

• Sending commercial emails (newsletter): you must obtain the explicit consent of the user unless he has already purchased a similar product in your company or it is a professional.
  You must also give it the means to refuse the receipt of new advertisements by offering an unsubscribe at the end of the email.
• Use of cookies : these are plotters that analyze the navigation, the movements and the habits of consultation or consumption of the Internet user to allow the display of targeted advertisements.

You must allow the user to consent by a clear positive act : a request for consent made through check boxes is easily understood by users. The use of a pre-ticked box presuming the consent of the person is prohibited.

The silence of persons, which may be achieved by simply continuing their navigation, must be interpreted as a refusal.

You must also allow the user to to make a choice by purpose : it is recommended to allow the user to give his consent independently and specifically for each purpose (customer management, satisfaction survey, prospecting operation, etc.).

It is possible to propose to the user to consent in a global manner to a set of purposes, by integrating buttons “Accept All” or “Deny All”, but only if the set of purposes is presented beforehand.

Mandatory particulars

Feature must be listed as “ terminate your contract or under a similar unambiguous formula and displayed in legible characters.

In addition, the functionality must provide information about the conditions of termination contracts (e.g. existence of notice period or termination indemnity, consequences of termination, etc.).

Consumer identification

The functionality must allow the consumer to provide or confirm the accuracy of the following information :

• The name and surname of the consumer, or if the contract has been concluded with a legal person, its reason or corporate name
• The e-mail address or, failing this, the postal address enabling you to confirm receipt of the notification of the termination
• Any reference you have previously provided to the contract holder to identify that contract holder and the contract concerned (e.g. a customer or contract number)
• The desired termination date subject to applicable legal or contractual provisions
• Where the termination concerns a telephone subscription, the telephone number corresponding to the line or lines concerned by the termination.

After providing or confirming this information, the consumer must be able to access a summary page enabling it to verify and, where appropriate, modify the information provided.

Furthermore, where the consumer wishes to terminate his contract early (before the expiry date), he must provide a legitimate reason. In this case, the feature must mention a email address and one postal address to which the proof may be sent. You can also add a feature that allows the consumer to submit their proof of termination in dematerialized form.

Notification of termination

The consumer must be able to notify you of the termination of the contract by activating a function, directly accessible from the summary page of its information.

This function must be presented with the words “notice of terminationor a similar unambiguous formula displayed in legible characters.

When the consumer notifies you of the termination of the contract, you must confirm receipt of the notification and inform him, on a durable support and, within a reasonable time, the effects of the termination and the date on which the contract ends.