NEWS

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30-10-2017

 

Decree No. 2017-1436 of September 29, 2017 relating to information obligations relating to online consumer reviews

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A recent study by the DGCCRF shows that the rate of non-compliance of consumer opinions published on the Internet is 35%.[1]These recurring misleading commercial practices harm consumers but also professionals. Indeed, " 74% of Internet users have already given up buying a product because of negative comments or opinions and 41% have already made a spontaneous purchase following a positive opinion_cc781905- 5cde-3194-bb3b-136bad5cf58d_»[2].

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At a time when e-commerce is booming, the legislator has therefore intervened to provide consumers with greater protection and control of the sincerity of comments published on Internet platforms.

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Law No. 2016-1321 of October 7, 2016 for a Digital Republic, the objective of which is to guarantee a transparent and fair digital environment, has thus created a new article L.111-7-2 of the Consumer Code imposing an obligation to information to all natural or legal persons whose activity consists, principally or incidentally, in collecting, moderating or disseminating online opinions from consumers.

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Decree No. 2017-1436 of September 29, 2017 relating to information obligations relating to online consumer reviews has clarified the terms of application of this information obligation provided for in Article L.111-7-2 of the Consumer Code. The provisions of this decree will enter into force from 1 January 2018.

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According to article 1 of the decree implementing the law for a digital Republic, creating article D.111-16 of the Consumer Code, an online review is understood as "_cc781905-5cde-3194-bb3b- 136bad5cf58d_the expression of a consumer's opinion on his consumption experience thanks to any element of appreciation, whether qualitative or quantitative ”. It is not required that the consumer has purchased the good or service for which he is submitting a review.

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Control methods have also been created in articles D.111-17, 18 and 19 of the Consumer Code. It is now required of the persons mentioned in article L.111-7-2 of the Consumer Code to clearly and visibly indicate the existence or not of a review control procedure, the date of publication of each review, as well as that of the consumer experience concerned by the review and the criteria for ranking the reviews, including the chronological ranking.

In an easily accessible specific section, should also be mentioned, the existence or not of consideration provided in exchange for the filing of the notice, as well as the maximum period of publication and conservation of a notice.

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All of these new measures should make it possible to prevent certain professionals from passing themselves off as consumers with the aim of unfairly valuing their business and thus misleading the consumer.

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In the event of control of the reviews by the person collecting, distributing or moderating them, it will now be mandatory to display the characteristics of this control at the time of the collection of the reviews, their moderation or their distribution. If necessary, the consumer will have the possibility of contacting the author of the opinion.

 

In the event of refusal of publication, the platform must communicate to the consumer the reasons justifying the refusal of publication of the opinion. Finally, the possibility or not of modifying an opinion and, if necessary, the methods of modification of the opinion must be established.

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With these new regulations, consumers will undoubtedly be able to place more trust in online reviews.

 

Carole Couson-Warlop, Associate Lawyer ARTLEX

Florence Fekom, Associate Lawyer ARTLEX

 

 

 

[1]DGCCRF investigation results " false consumer reviews on digital platforms " of October 6, 2017

[2]DGCCRF investigation results " false consumer reviews on digital platforms " of October 6, 2017

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