Section 6: Right of withdrawal applicable to distance and off-premises contracts

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Article L221-26-1

French Consumer CodeIn force
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Updated 8 Nov 2023

I.-The trader shall refrain from using any content, other than personal data for which he complies with the obligations resulting from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which has been provided or created by the consumer when using the digital content or digital service provided by the trader, except where that content:

1° is of no use to the consumer once he no longer uses it;

>and 2° relates only to the consumer's activity when he uses the digital content or digital service provided by the trader;

>
3° has been aggregated with other data by the trader and cannot be disaggregated or can only be disaggregated with disproportionate effort;

4° has been generated jointly by the consumer and other persons, and other consumers may continue to make use of it;

II. II -Except in the situations referred to in points 1 to 3 of section II, the trader shall make available to the consumer, at the consumer's request, any content, other than personal data, which was provided or created by the consumer when using the digital content or digital service provided by the trader.

III -The consumer has the right to access, rectify or delete any content, other than personal data, which was provided or created by the consumer when using the digital content or digital service provided by the trader. III -The consumer shall have the right to retrieve this digital content free of charge, without any hindrance from the trader, within a reasonable time and in a commonly used and machine-readable format.

IV -In the event of withdrawal, the trader shall provide the consumer with a copy of the digital content. IV -Where the consumer withdraws from the contract, the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or by deactivating the consumer's user account, without prejudice to II.

V -Where the consumer has withdrawn from the contract, the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or by deactivating the consumer's user account, without prejudice to II. V.-Where the consumer has exercised his right of withdrawal, he shall refrain from using the digital content and from making it accessible to third parties.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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