Doing e-commerce: rules to follow

Verified 19 June 2026 - Entreprendre Service Public / (Prime Minister), Ministry of Economy

The e-commerce or e-commerce is a good way to develop its activity thanks to your website. It allows you to showcase your physical business, reach a wider target and sell your products or services day or night. E-commerce is subject to a strict regulation which must be respected.

E-commerce is open to all kinds of activities, ranging from sale of products (new or used) at the sale of services (catering, transport, accommodation, leisure, etc.).

Certain financial services (insurance, credit, financial instruments) they may also be concluded remotely whether they are marketed by telephone or via a digital interface.

Warning  

The purchase and sale of tobacco on the internet are prohibited.

In order to carry out an activity of online sale of alcohol, it is necessary to have a license for beverage outlets and having received training.

The website must include a banner reminding of the prohibition of sale to minors.

It is also forbidden to sell to minors products (clothing, games, accessories) that encourage the consumption of alcohol.

However, the online sale of alcohol and medicine is regulated.

The online sale of non-prescription medicines is permitted. To sell medicines online, it is necessary to:

To learn more about the online sale of medicines, consult the FAQs of the Ministry of Health :

The online sale of medicines: questions and answers

Ministry of Health

Pour en savoir plus

Warning  

It is strictly forbidden to sell online medicines subject to mandatory medical prescription, i.e. by prescription.

The legal notice is the information that allows the user to identify the professional.

The legal notices are part of the mandatory particulars on any professional website and must be easily accessible.

They can be inserted into the general terms and conditions (CGV) or in a dedicated page.

The following information must be provided:

  • Identity of the company: corporate name, legal form, address of head office and amount of share capital. If you are a sole proprietor, you must provide your full name and address.
  • Registration number at RCS: titleContent or unique identification number (Siren)
  • Mail and phone number to contact your company
  • TVA identification number
  • Identity of the hosting provider of the site: name or company name, address and telephone number
  • If the trader exercises a regulated activity and subject to authorization (e.g. pharmacy or drink shop): name and address of the authority which issued the authorization

Warning  

Failure to comply with this obligation to provide information shall be punishable by1 year imprisonment and €75,000 fines for individual businesses (including micro-entrepreneurs). The fine shall be increased to €375,000 against businesses (SARL, SA, SAS, etc.).

Before concluding a distance contract, the the trader must provide the consumer with a set of mandatory pre-contractual information.

This information enables the consumer to:

  • Understand the offer
  • Compare prices and conditions
  • Make an informed decision before committing.

They must be communicated before the consumer is bound by the contract, in a clear, legible and comprehensible manner.

In practice, this information is generally grouped in general terms and conditions (CGV) accessible on the website.

The mandatory nature and content of the general terms and conditions of sale vary depending on whether the offer of goods or services is addressed to private individuals or to professional.

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Individual Customers

For contracts concluded at a distance with a particular customer, the CGV: titleContent shall be included obligatory on the website of the trader.

Failure to comply with this obligation to provide information is punishable by €3,000 fine for individual business (including micro-entrepreneur) and €15,000 for a business (SARL, SA, SAS, etc.).

The professional must in particular inform the consumer of the following :

  • Product or service information
    • Essential characteristics of the good and/or service
    • Total Price TTC: titleContent, where applicable a custom price based on an algorithm
  • Information about the professional and the contract
    • Identity and contact details of the professional
    • Contractual conditions
    • Terms of termination if applicable
    • Costs related to remote communication
    • Codes of conduct applicable where applicable
    • Sureties or financial guarantees if applicable
    • Date or time of delivery or execution
  • Warranty and Compliance
    • Legal guarantees (legal guarantee of conformity and guarantee of hidden defects)
    • Commercial guarantees if they exist
    • Compatibility, interoperability and functionality of digital content and services or goods with digital elements
    • Software installation restriction if applicable
  • Withdrawal
    • Existence or absence of the right of withdrawal
    • Terms and Conditions
    • Standard form for withdrawal
    • Possible return costs
    • Information on cases in which the right of withdrawal is excluded or lost
    • Information on fees due when the performance of a service has started before the end of the withdrawal period, if any
  • Disputes

Business Customers

Enter professional, the CGV: titleContent are optional, but they must be available upon request.

Refusal of communication is punishable by €15,000 fine for individual business (including micro-entrepreneur) and €75,000 for a business (SARL, SA, SAS, etc.).

Where they exist, the general conditions of sale must contain the following information:

  • Price HT: titleContent in euro: price schedules or method of price calculation
  • Discounts and discounts: price reductions, one-time promotional discounts and deferred discounts. They must be set according to precise and objective criteria.
  • Commercial discounts: discount granted to a customer in case of prepayment
  • Payment methods: authorized payment methods and penalties applied in case of delay
  • Charges and delivery date
  • Dispute resolution: competent court

You also have the option to add a retention of title clause, a limitation of liability clause, a clause relating to cases of force majeure or the conditions of termination of the contract.

Please note

As a professional, it is possible to Separate CGV for each category of customers (wholesalers, retailers, etc.). In this case, customers of a category can only require the disclosure of CGV that concern them.

The CGV are the foundation of trade negotiations. It is then possible tofreely add other non-mandatory information :

  • Elements concerning the method of payment: it is possible to provide a certain method of payment (check, credit card, etc.) or the possibility of paying in several installments
  • More or less extensive commercial guarantee: right of return, exchange or refund ("satisfied or refunded")
  • Confidentiality clause, loyalty clause, etc.
  • Clause relating to protection of personal data
  • Termination clause
  • Clause on transport in case of delivery of goods
  • Clause of force majeure
  • Exclusion clause (e.g. exclusion clause from legal guarantee of hidden defects only if the client in question is a professional in the same field of expertise as the company)
  • Etc.
Pre-contractual information to be provided to the consumer

For certain financial services contracts concluded at a distance (insurance, credit or financial instruments in particular), the trader must provide the consumer, before concluding the contract, with clear and understandable information relating in particular to:

  • their identity, contact details and, where applicable, those of the intermediary acting on their behalf
  • Features of the proposed financial product or service
  • Total price due by the consumer, including commissions, fees, charges and applicable taxes
  • Where the price cannot be determined in advance, the methods of calculation enabling the consumer to verify it
  • Existence or absence of a right of withdrawal, its modalities of exercise, its consequences and, if applicable, the existence of the online withdrawal functionality
  • Contact details for the consumer to submit a complaint
  • Possible consequences of default or late payment
  • Law applicable to the contract and the competent jurisdiction
  • Possible use of automated processing to personalize the price of the financial service
  • Where applicable, the environmental or social objectives pursued by the financial product or service proposed

This information must be provided in a legible, clear and understandableby any means suitable for the remote communication technique used (e-mail, secure customer area, website, mobile application, etc.).

Where the information is provided electronically, the consumer must be able to consult, save and print it easily before the conclusion of the contract.

Additional explanations to be provided to the consumer

The trader must also provide the consumer, free of charge, before concluding the contract, with adequate explanations to assess the suitability of the proposed financial service contract its needs and financial situation.

These explanations include the following:

  • Mandatory pre-contractual information
  • Essential characteristics of the contract and any ancillary services
  • Possible consequences of the contract for the consumer, in particular in the event of default or late payment
  • Any other useful information enabling the consumer to understand the scope of the proposed contract

When the professional uses digital tools or an online interface, consumer must be able to exchange with a human person, in the language used for pre-contractual information, before the conclusion of the contractt and, where necessary, after its conclusion to ensure proper understanding or execution.

The opening of an e-commerce implies to respect the obligations related to the protection of personal data netizens.

One personal data refers to any information relating to a natural person identified or identifiable, directly or indirectly, by means of an identifier or one or more elements specific to his identity.

Example :

It can be a surname, first name, email address, location, ID card number, IP address, photo, etc.

On your merchant site, you can collect this personal data to create customer files provided that you respect the regulations in force.

Thus, beyond a general obligation of security and confidentiality personal data collected, you have 2 obligations to be respected:

  • Inform the internet user
  • Obtain consent

Inform the user

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

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

You must provide the following information:

  • Identity and contact details of the body responsible for the data processing personal : the Data Protection Officer (DPO), for example
  • Purpose pursued by the processing : what the personal data collected will be used for
  • Legal basis for processing : it may be the consent of the user, compliance with an obligation provided for in a legal text, the execution of a contract, etc.
  • Mandatory or optional collection of personal data : the consequences for the user in the event of non-provision of data
  • Recipients of personal data : who will receive and access the data
  • Retention period of personal data
  • Rights of the Internet user : right to refuse collection, right to access, rectify and erase data
  • Right of the user to lodge a complaint with the Cnil: titleContent
  • If necessary, existence of a transfer of personal data to a country not belonging to the

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

Warning  

Failure to provide any such information shall be punishable by a fine of €1,500.

On your website, you can use a link directly to the data protection policy, clearly visible on each page of the site, clearly titled (« Personal Data » or « Privacy » for example).

This privacy policy must be distinct from the general terms and conditions of sale (CGV) or the general terms and conditions of use (GCU) of the website.

Obtain the consent of the user

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

You have to add 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 him the means to refuse the reception of new advertisements by proposing an unsubscription at the end of the email.
  • Use of cookies : these are trackers that analyze the navigation, movements and habits of consultation or consumption of the 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 by means of check boxes is easily understandable by users.

The use of a pre-ticked box that presumes the person's consent is prohibited.

The silence of the people, which can pass by the simple continuation of their navigation, must be interpreted as a refusal.

You must also allow the user 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 way to a set of purposes, by integrating buttons "All accept" or "All refuse", but only if all the purposes are presented beforehand.

Warning  

the computer processing of data collected without consent is punishable by 5 years imprisonment and €300,000 of fine.

The conclusion of a sale, between a professional and a consumer (non-professional customer), on an e-commerce site is subject to a special procedure insofar as the parties are not physically present.

Order Entry

At the time of entering the order, the professional must indicate to the customer the following information:

  • Prices and essential characteristics of the goods or services ordered
  • In the case of a subscription, the duration of the contract and the duration of the customer's commitment
  • Steps to complete the order
  • Technical means allowing the customer, before the conclusion of the contract, to identify errors and correct them (possibility to consult the order through a basket, for example)
  • Languages proposed for the conclusion of the contract
  • Contract archiving procedures: when the order is for an amount equal to or greater than €120
  • Ways to consult the professional and commercial rules to which the professional intends to submit

Order Confirmation

After its entry, the order must respect 3 mandatory steps :

  1. Detailed summary of the order with its total price
  2. Possible modification of the order
  3. Final confirmation of the order

You must inform the customer that placing an order requires him to pay for it.

The button dedicated to the confirmation of the order must imperatively include the mention " Order with payment obligation » or any similar unambiguous formula.

Once the order has been placed, the professional must acknowledge receipt without undue delay, by electronic means.

The order, its confirmation and the acknowledgement of receipt are considered as receipts when the professional and the client can access it by email or from a printable page that can be consulted on the site for example.

Delivery time

Before the conclusion of the contract, the trader must indicate the precise time frame (not the maximum period) for which he must undertake to deliver the goods or perform the service.

If no date is specified, delivery must take place at the latest 30 days after ordering online.

In case of delay, the customer may request the cancelation of the order he has placed and request a refund. The professional then has a period of 14 days to refund.

The professional cannot force the customer to accept a certain refund method (having on a next purchase for example).

To learn more about order and shipment management, Francenum provides a complete file :

Order and shipment management: a key issue in e-commerce

France Num

Pour en savoir plus

Payment can be made at the time of command or delivery.

You can offer different payment methods, for example:

  • Credit card : you must sign a distance sales contract with your bank.
  • Bank transfer
  • Electronic Wallet : e.g. PayPal or Paylib
  • SMS or provision of internet access : the amount of the order is added on the phone/internet invoice.
  • Check or cash : for payment on delivery

Warning  

You may not charge any additional fees related to the use of a payment method.

What is the right of withdrawal?

The right of withdrawal allows the consumer cancel the order placed online in a 14 days, without having to justify its decision and without incurring any other costs (apart from any return costs). This right also applies to the sale of discounted and second-hand goods.

The time limit short:

  • From the day after receipt for the sale of goods
  • From the conclusion of the contract for the provision of services

To learn more about the right of withdrawal with a professional customer :

VSEs enjoying the right of withdrawal

France Num

Pour en savoir plus

Please note

The consumer's right of withdrawal does not apply only once and does not reappear with each renewal of the contract. This also applies where the contract includes an initial period free of charge, the protection of the consumer does not justify that he again has a right of withdrawal following the conversion of that contract into a paid contract.

For some financial services contracts concluded remotely (insurance, credit, financial instruments in particular), specific withdrawal rules apply:

The withdrawal period can be extended to 30 calendar days for certain savings and investment products giving rise to the opening of a securities account.

Where the consumer has not received the pre-contractual information and the contractual conditions, the withdrawal period expires 1 year and 14 calendar days after the conclusion of the contract.

Where the consumer has not been informed of the existence of his right of withdrawal, this right may be exercised without limitation of duration.

Certain categories of financial products or services remain subject to special withdrawal rules laid down in specific texts, in particular as regards consumer credit, of home loan or certain financial investment products.

What are the obligations of the professional?

As a professional, it is mandatory to mention the right of withdrawal, specify the conditions, the time and the modalities of exercise (whether or not it takes the costs of return), and propose a standard withdrawal form. If applicable, it must also mention the existence and location of the retraction feature.

The professional must make available to the consumer a feature allowing him to exercise his right of withdrawal free of charge before the expiry of the withdrawal period (14 days for any contract and 30 days for a contract for a financial service).

This feature must be easily accessible, visible and available during the entire withdrawal period. It must enable the consumer to submit his withdrawal request directly online and to easily identify the contract concerned.

The functionality shall be clearly and unambiguously stated, such as: " waive the contract here » or an equivalent formula. The consumer must then be able to confirm his request via a button or a statement similar to " confirm the withdrawal ».

After sending the request, the trader must send the consumer an acknowledgement of receipt on a durable medium, including the date and time of withdrawal.

Example :

When the trader offers an online withdrawal feature, it may insert directly the following text:

« You can also exercise your right of withdrawal online on [insert website address or other appropriate reference indicating where the withdrawal functionality is located]. If you use this online feature, we will send you, as soon as possible, an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email), including its content and the date and time of its submission. »

Where the trader offers the consumer the option of electronically completing and transmitting his withdrawal from the contract on his website, it may insert the following text:

« You may also fill in and submit the model withdrawal form or any other unambiguous statement on our website [insert website address]. If you use this option, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email) as soon as possible. »

Where a financial service contract is concluded remotely via an online interface, the trader may not use mechanisms to deceive or manipulate the consumer.

In particular, it may not:

  • Present the choices in a way that artificially influences the consumer's decision
  • Repeatedly request a choice already made (for example, repeated pop-ups)
  • Make unsubscription or termination more complex than subscription

The consumer must be able to make a free and informed decision.

How can the consumer exercise his right of withdrawal?

The consumer may exercise his right of withdrawal by any means expressing his wish to withdraw.

It may in particular:

  • Use the standard withdrawal form provided by the trader
  • Send a request by mail, email or via your customer area
  • Use the withdrawal functionality provided on the website

The consumer does not have to justify his decision.

How should the trader reimburse the consumer in case of exercise of the right of withdrawal?

When the trader is informed of the customer's decision to withdraw, he has a period of 14 days to make the refund of the total amount paid.

Please note

With regard to financial services contracts, the trader must reimburse the consumer as soon as possible and at the latest within 30 calendar days all amounts received from the contractor under the contract.

What are the cases in which the right of withdrawal does not apply?

However, certain products or services are not subject to the right of withdrawal and therefore cannot be refunded. This is particularly the case for the following products:

  • Personalized product: it has been made especially for the consumer (tailor-made for example)
  • Rapidly perishable product: food products for example
  • CD, DVD or computer software if unsealed by the consumer
  • Product that has been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
  • Newspapers, periodicals or magazines (except for subscription contracts for these publications)
  • Provision of accommodation, transport of goods, car rental, catering or leisure activity provided on a specified date.
  • Fully executed service before the end of the withdrawal period: the execution of the service must have started after the express prior consent of the consumer and express waiver of his right of withdrawal.

There are also cases in which the right of withdrawal does not apply, as regards distance contracts for financial services :

  • Provision of financial instruments and services for the execution or transmission of orders for third parties;
  • Certain contracts involving crypto-assets
  • Contracts fully executed before the end of the withdrawal period at the express request of the consumer
  • Mortgage credit agreements
  • Life Mortgage Loans
  • Financial services whose price depends on fluctuations in financial markets

Warning  

Failure to provide information on the existence of a right of withdrawal shall be punished by an administrative fine of €15,000 for an individual business (IS: titleContent, EIRL: titleContent, micro-entrepreneur) and €75,000 for a business (SARL, SA, SAS, etc.).

Since the 1er June 2023, the trader must make available to the consumer a free feature enabling him to terminate your subscription contract electronically. This obligation applies even if the original contract was not concluded electronically.

In practice, this functionality must be directly and easily accessible from the website (or mobile application) on which the contracts are concluded.

Cancelation in 3 clicks - Guide France Num

France Num

Pour en savoir plus

Mandatory particulars

The functionality shall be presented under the statement " terminate your contract » or under an unambiguous analogous formula displayed in legible characters.

In addition, the functionality shall indicate, in a legible and comprehensible manner, the information on the terms of termination contracts (e.g. the existence of a notice period or termination indemnity, consequences of termination, etc.).

Warning  

The absence of the termination feature on your website is punishable by fine of €15,000 for a natural person (individual entrepreneur including micro-entrepreneur) and €75,000 for a legal person (business).

Consumer identification

The functionality must enable the consumer to inform or confirm the accuracy of the following information :

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

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

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

Example :

For example, the consumer may terminate in advance its internet subscription contract if it is the subject of a over-indebtedness. The functionality must allow it to transmit the decision of the judge granting its request for treatment of a situation of over-indebtedness.

Notification of termination

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

This function shall be presented with the words "notification of termination» or an unambiguous analogous formula displayed in legible characters.

When the consumer notifies the termination of the contract, the trader 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.

Please note

At the stage of notification of termination, the trader must not impose to the consumer of create a custom space to access the termination feature. However, it can ask the customer to use the custom space created previously (at the time of the conclusion of the contract, for example).

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