Terms
Code of Conduct
1. PREAMBLE
The purpose of this Code is to remind the Client of the main legal texts applicable to the Internet, accompanied by a short commentary by way of illustration. Despite the attention paid to the drafting of this annex, SIMAFRI cannot assume any liability for information not contained herein, and this code can in no way be considered exhaustive. Furthermore, this code only concerns the legal framework relating to the editorial aspects of the client's activity, and it is the client's responsibility to refer to the entire contractual framework binding them to SIMAFRI for the aspects relating to the service subscribed with SIMAFRI. SIMAFRI therefore strongly advises the Client to consult an adviser to deal with their particular issue. The Client is responsible for the statements and content appearing on their own site. It is specified, firstly, that the Client is personally responsible for all the legal, regulatory or administrative authorizations necessary for the opening and operation of the website. Secondly, the Client undertakes to comply, in the context of the operation of the site, with the legal and ethical rules that may govern the exercise of their profession, and more generally the use they intend to make of the website. In any event, the Client is responsible for compliance with public decency and public order, and for compliance with laws and regulations, in particular regarding the protection of minors and respect for the human person. They undertake under the same conditions to comply with the rules relating to the protection of personal data and, more generally, with those relating to the rights of third parties, in particular concerning intellectual property rights, as well as the rights relating to the information and content of websites. SIMAFRI reserves the right to suspend or interrupt all or part of the services in the event of breaches of these obligations by the Client.
2. ONLINE PUBLIC COMMUNICATION SERVICES
We distinguish different persons likely to be involved in a website
2.1 - The Internet access provider
It is defined as the person whose activity is to offer access to online public communication services. It is responsible for informing its subscribers of the existence of technical means making it possible to restrict access to certain services or to select them, and for offering them at least one of these means. It is also responsible for informing them of the existence of means of securing their network.
2.2 - The hosting provider
It is defined as the natural or legal person who provides, even free of charge, for making available to the public via online public communication services, the storage of signals, writings, images, sounds or messages of any kind provided by the recipients of these services. The hosting provider must not be confused with the service provider which, where applicable, rents a dedicated server to the hosting provider, such a provider merely making a technical infrastructure available.
2.3 - The publisher of an online public communication service.
The publisher of the site is required to make available to the public, in an open standard: - in the case of a natural person: their surname, first name, domicile and telephone numbers, as well as, where applicable, the number of their registration in the trade and companies register or the crafts register, - in the case of a legal person: its corporate name, registered office, telephone numbers, trade and companies register or crafts register number, share capital, the name of the publication director, and the name, address and telephone numbers of its hosting provider. The client shall also ensure that the following are displayed: - the applicable price, where relevant, - the advertising nature of the messages broadcast. However, where the site is published on a non-professional basis, the publisher, in order to preserve their anonymity, may merely keep at the disposal of the public only the name and address of their hosting provider, having taken care to ensure that they have previously communicated their personal identification details to the latter. The observation of unlawful content must give rise to a request made directly to the publisher of the site. In the event of failure by the latter, and provided that the content is manifestly unlawful, a dated notification may be sent to the hosting provider indicating the contact details of the notifier, the name and address of the recipient, the description of the disputed facts and their precise location, the reasons why the content must be removed, including a reference to the legal provisions and factual justifications, as well as a copy of the correspondence sent to the author or publisher of the disputed content requesting its removal or modification or, failing that, proof that the author or publisher could not be contacted. The hosting provider has, in this respect, no general obligation to monitor the content it hosts. Finally, there are rules that apply to all service providers as information carriers, most of which relate to the protection of public order and respect for public decency.
3. PUBLIC ORDER
A breach of public order is a manifest infringement of public peace.
4. PUBLIC DECENCY AND YOUTH
An offence against public decency is defined as the act of either manufacturing, transporting or distributing, by any means whatsoever and on any medium whatsoever, a message of a violent or pornographic nature or of a nature seriously injurious to human dignity or inciting minors to engage in games that physically endanger them, or of trading in such a message, and is punishable by three years' imprisonment and a fine of 75,000 euros where the message is likely to be seen or perceived by a minor. The following acts are punished: - the act, with a view to its distribution, of capturing, recording or transmitting the image of a minor where this image is of a pornographic nature, punishable by five years' imprisonment and a fine of 75,000 euros; - the act of offering, making available or distributing such an image or representation, by any means whatsoever, of importing or exporting it, or of having it imported or exported, punishable by the same penalties; - the penalties are increased to seven years' imprisonment and a fine of 100,000 euros where an electronic communications network was used for the distribution of the image or representation of the minor to an undetermined audience. The penalties relating to incitement to suicide are increased to five years' imprisonment and a fine of 75,000 euros where the victim of the offence is a minor under the age of 15.
5. INCITEMENT TO SUICIDE
Incitement to suicide is punishable by three years' imprisonment and a fine of 45,000 euros, namely the act of inciting suicide where the incitement has been followed by a suicide or attempted suicide. In this respect, the Internet could be regarded as a vector of incitement. The second article covers propaganda or advertising, whatever its form, in favor of products, objects or methods recommended as means of taking one's own life, punishable by three years' imprisonment and a fine of 45,000 euros. The third article covers the act, by any process whatsoever, of wilfully infringing the privacy of another person's private life, and punishes it by one year's imprisonment and a fine of 45,000 euros.
6. PROCURING
The act by any person, in any manner whatsoever: - of aiding, assisting or protecting the prostitution of another person; - of profiting from the prostitution of another person, of sharing the proceeds thereof or of receiving subsidies from a person habitually engaged in prostitution; - of hiring, training or leading astray a person with a view to prostitution, or of exerting pressure on them to engage in prostitution or to continue to do so, is punishable by five years' imprisonment and a fine of 150,000 euros. The act by any person, in any manner whatsoever, of acting as an intermediary between two persons, one of whom engages in prostitution and the other of whom exploits or remunerates the prostitution of another person, is treated as procuring.
7. ATTACKS ON AUTOMATED DATA PROCESSING SYSTEMS
Attacks on data processing systems are punishable, in particular: - the act of fraudulently accessing or remaining in all or part of an automated data processing system; - the act of hindering or distorting the operation of such a system; - the act of fraudulently introducing data into such a system, or of fraudulently deleting or modifying the data it contains.
8. ONLINE GAMBLING AND GAMES OF CHANCE - LOTTERIES
As such, lotteries are prohibited. Thus, sales of real property, movable property or goods carried out by way of lot, or to which prizes or other benefits due even partially to chance have been attached, and generally all operations offered to the public, under any name whatsoever, to give rise to the hope of a gain that would be acquired by way of lot, are prohibited. Any infringement of the prohibition on lotteries is punishable by three years' imprisonment and a fine of 90,000 euros. These penalties are increased to seven years' imprisonment and a fine of 200,000 euros where the offence is committed by an organized gang. These sanctions may also be accompanied by additional penalties. By way of exception, the following lotteries are authorized subject to conditions: - traditional bingo games organized within a restricted circle and solely for social, cultural, scientific, educational, sporting or social entertainment purposes, characterized by low-value stakes of less than 20 euros. These prizes may not, under any circumstances, consist of sums of money or be refunded. They may nevertheless consist of the awarding of non-refundable purchase vouchers. - lotteries for which no financial contribution of any kind whatsoever is requested from the players. In other words, lotteries that are not conditional on a purchase and that do not entail any outlay on the part of the participants are lawful. The operation of online gambling and games of chance is placed under a regime of exclusive rights issued by the State. Such gambling and games of chance are prohibited for minors. Any commercial communication in favor of a legally authorized gambling operator is in particular: - accompanied by a warning message against excessive or pathological gambling, as well as a message referring to the information and assistance system set up via a telephone helpline number; - prohibited in publications intended for minors; - prohibited in online public communication services intended for minors. Anyone who issues or distributes, by any means whatsoever, a commercial communication that does not comply with these provisions is punishable by a fine of 100,000 euros. The court may increase the amount of the fine to four times the amount of the advertising expenditure devoted to the illegal operation.
9. STOCK EXCHANGE
The company may offer the consultation of a history of its stock market prices, provided that this stock market information is accompanied by a precise timestamp and an indication of the source. In the case of the retransmission of prices distributed by the S.B.F. server, these prices are presented without commentary. If the stock market items are not exhaustive, the company clearly indicates the nature of the extract presented (average price, possible weighting by volume, etc.). The company may not offer stock market advice on its own securities or on those of the group to which it belongs. It may, however, mention the existence of an external financial analysis. More generally, the company shall not include on its financial information kiosk any buy or sell recommendations relating to securities it holds in its portfolio.
10. JOB OFFERS
It is prohibited to distribute, via an online public communication service or by electronic means, a service insertion concerning job offers or careers containing allegations that are false or likely to mislead, in particular as to the free nature of this service, or as to the existence, actual availability, origin, nature and description of the job or home work offered, the remuneration and ancillary benefits offered, or the place of work. The penalty is one year's imprisonment and a fine of 37,500 euros.
11. FALSE ADVERTISING - CONSUMER PROTECTION
The provider of a website must ensure that the messages it distributes do not contain false elements (false advertising) or elements likely to mislead (misleading advertising). This therefore applies to "spam", that is to say the mass canvassing technique consisting of sending, by means of a search engine, the same advertising message to a mailing list without prior consent. For any offer of sale of goods or provision of services made remotely to a consumer, the professional is required to indicate the name of their company, their telephone contact details as well as the address of their registered office and, if different, that of the establishment responsible for the offer, as well as the name of the person regarded as the publication director.
12. LEGAL PROVISIONS RELATING TO NARCOTIC SUBSTANCES
Incitement to the unlawful use of narcotics or to drug trafficking, even where this incitement has not been acted upon, or the act of presenting these offences in a favorable light, is punishable by five years' imprisonment and a fine of 75,000 euros. Incitement, even if not acted upon, to the use of substances presented as having the effects of substances or plants classified as narcotics is punishable by the same penalties. The act of facilitating, by any means whatsoever, the unlawful use of narcotics, of obtaining narcotics by means of fictitious or complaisant prescriptions, or of supplying narcotics on presentation of such prescriptions knowing their fictitious or complaisant nature, is punishable by the same penalties. The incitement of a minor to use narcotics is punishable by five years' imprisonment and a fine of 100,000 euros, increased to seven years' imprisonment and a fine of 150,000 euros where the minor is under 15 years of age. The incitement of a minor to traffic in narcotics is punishable by seven years' imprisonment and a fine of 150,000 euros, increased to ten years' imprisonment and a fine of 300,000 euros where the minor is under 15 years of age. The unlawful production or manufacture of narcotics is punishable by twenty years' criminal imprisonment and a fine of 7,500,000 euros. The unlawful import or export of narcotics is punishable by ten years' imprisonment and a fine of 7,500,000 euros. These acts are punishable by thirty years' criminal imprisonment and a fine of 7,500,000 euros where they are committed by an organized gang.
13. INFORMATION
13.1 Authentication of information
The source of the information must be clearly indicated and, in the case of a commentary, the author must be named.
13.2. False information
The act of communicating or disclosing false information with the aim of making people believe that destruction, damage or deterioration dangerous to persons is going to be or has been committed, or of communicating or disclosing false information leading people to believe in a disaster and of a nature to cause the unnecessary intervention of the emergency services, is punishable by two years' imprisonment and a fine of 30,000 euros.
14. DISCRIMINATION
Discrimination is any distinction made between natural persons on the grounds of their origin, sex, family situation, state of health, disability, morals, political opinions, trade union activities, or their membership or non-membership, real or supposed, of a specific ethnic group, nation, race or religion. Discrimination also includes any distinction made between legal persons on the grounds of the origin, sex, family situation, state of health, disability, morals, political opinions, trade union activities, or membership or non-membership, real or supposed, of a specific ethnic group, nation, race or religion of the members or certain members of those legal persons. Discrimination against a natural or legal person is punishable by three years' imprisonment and a fine of 45,000 euros where it consists in particular of refusing to supply goods or services, or of making the supply of goods or services subject to a condition based on one of the elements referred to above.
15. INFRINGEMENT OF THE REPRESENTATION OF THE PERSON
The act of publishing, by any means whatsoever, a montage made with the words or image of a person without their consent, if it is not obvious that it is a montage or if this is not expressly mentioned, is punishable by one year's imprisonment and a fine of 15,000 euros.
16. PROTECTION OF THE PERSON
The act of wilfully infringing the private life of another person, by any process whatsoever, is covered by the Criminal Code.
17. INTELLECTUAL PROPERTY AND UNFAIR COMPETITION
The Intellectual Property Code prohibits any reproduction of a work of the mind without the consent of its author. Likewise, any unlawful use of a trademark constitutes infringement, including in the metatags of websites. In addition, the software and underlying technology attached to sites are protected and may only be reproduced with the express consent of the rights holder. Independently of acts likely to constitute infringement, any appropriation of rights belonging to another person may be prosecuted on the grounds of unfair competition and parasitic practices, and may give rise to the liability of the offender. In particular, before inserting a deep link directed to a third-party site, it is advisable to check whether such a link is lawful, or to seek the authorization of the target site, in order to prevent any act that could subsequently prove to constitute unfair competition.
18. PERSONAL DATA
Any natural or legal person engaging in the collection of personal data, whether free of charge or for consideration, is required to file an ad hoc declaration of the automated processing of the process of collecting such data. By way of example, a simple email address is considered personal data, the collection of which must consequently be declared. It is also a matter of informing the persons whose data is collected of the purpose of the processing implemented, of their right of rectification and, where applicable, of their right to object with respect to the data concerning them.