Strategic Lawering Paris Lyon Bruxelles

Consumer Law

Published at 29 March 2019
Author : Anaëlle Idjeri
E-newsletter: March 2019
In the wake of the lengthy judgment by which it had ordered Twitter to amend almost all the clauses contained in its contractual documentation intended for French users – which we commented in an article entitled Unfair terms and personal data: Twitter sentenced by a French court – the Paris Court of First Instance ruled on February 12, 2019 on the validity of the clauses contained in Google's General Terms of Use and Privacy Policy. The combined reading of the thorough analysis made by the Court in this recent decision and in the previous decision concerning Twitter offers a valuable framework for identifying provisions that may be considered abusive or unlawful within the meaning of French consumer law and the legislation on the protection of personal data.
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Published at 28 September 2018
Author : Anaëlle Idjeri
E-newsletter: September 2018
By a judgment dated August 7, 2018, the First Instance Court of Paris ruled on the illegal nature – under French Consumer law and the French Data Protection Act of January 6, 1978 – of several clauses included in the various versions of Twitter’s Terms of Use, Confidentiality Policy and Rules. Twitter was ordered to change all of its contractual documentation intended for French users and to make the entire judgment publicly available. Professionals are now warned: French consumer law provisions must be strictly considered when drafting their general terms of use and confidentiality policies.
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Published at 28 February 2018
Author : Isabelle Cottin
Category : Consumer Law
E-newsletter: February 2018
Pursuant to Article L. 221-18 of the French Consumer Code (“FCC”) introduced by Law of March 17, 2014, a consumer who makes a purchase online benefits from a right of withdrawal, with no additional fee. Specifically, this right of withdrawal applies to distance and off-premises contracts as well as to contracts entered into following a cold calling. In a decision dated January 17, 2018, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled the sanction that may be imposed on a trader that does not reimburse the sums already paid by a consumer who exercises his/her right of withdrawal. It also further specified the concept of “clearly customized goods” set forth in Article L. 221-28 of the FCC that excludes the application of the right of withdrawal.
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Published at 30 January 2018
Author : Flore Foyatier
E-newsletter: January 2018
Two of the three Decrees adopted on September 29, 2017 in furtherance of the Law for a digital Republic came into force on January 1, 2018. This provides the opportunity to recall the new transparency and fairness requirements imposed on operators of digital platforms.
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