Article L. 215-1-1 of the Consumer Code introduced by the law of 16 August 2022 on emergency measures to protect purchasing power has created an obligation to facilitate the electronic termination of contracts.
The French decree no. 2023-417, published on 31 May 2023 and entered into force on 1 June 2023, sets out the terms and conditions for terminating contracts electronically.
It requires professionals to provide fast, easy, direct and permanent access enabling consumers and non-professionals to notify a professional of the termination of a contract.
In concrete terms, this functionality must be presented as “terminate your contract” or a similar unambiguous wording and be directly and easily accessible on the interface from which the consumer can conclude contracts electronically. The professional may include a reminder of the information on cancellation conditions, but must refrain from requiring the consumer to create a personal space in order to access it.
This cancellation feature must also include sections enabling the consumer to provide the professional with information enabling him to prove his/her identity, identify the contract and, where appropriate, justify any legitimate grounds for his/her request for early cancellation. In such cases, the professional must provide a postal address and an e-mail address or include a feature for sending proof of legitimate grounds.
Finally, the decree stipulates that once these sections have been completed, consumers must be able to access a page presenting a summary of the termination, enabling them to check and amend the information provided before notifying their request.
As a reminder, any failure to comply with the provisions of this article L. 215-1-1 is punishable by an administrative fine of up to €15,000 for an individual and €75,000 for a legal entity.
Article by Emilie de Vaucresson, Amanda Dubbary and Camille Leflour.
