Secondary legislation specifies the threshold from which digital platforms need to implement good practices towards consumers

The Digital Republic Act dated 7 October 2016 required that the digital platforms exceeding a certain number of connections must implement and publish good practices aiming at strengthening their obligations of fairness, transparency and legibility towards consumers. Secondary legislation setting out this threshold has just been adopted, on 29 September 2017.

Who does this apply to?

Digital platforms offering the following services search engines, marketplaces, comparison of products and services but also social media networks or sharing economy service providers exceeding 5 million of unique visitors per month per platform based on the previous calendar year.

With respect to marketplaces, social networks and sharing economy actors, the number of connections is determined in respect to the sole activity of intermediation.

What does the legislation require?

The digital platforms that exceed the above mentioned threshold will have to implement and disclose to the public good practices aiming at strengthening their obligations of fairness, transparency and legibility towards consumers.

Why does this matter?

French authorities will have the power to evaluate and compare the practices of different operators and will make public the results of those investigations.

When does this come into force?

This requirement comes into force on 1 January 2019. Platforms that exceed this threshold will have until 30 June 2019 to comply with this new rule.