EXTRACT FROM THE MAIN REGISTRATION IN THE TRADE AND COMPANIES REGISTER
Updated as of September 23, 2024
IDENTIFICATION OF THE INDIVIDUAL
RCS Registration Number: 932 676 935 R.C.S. Toulon
Registration Date: 09/23/2024
Full Name: ERRAHMOUNI Fatima
INFORMATION ABOUT THE ACTIVITY AND MAIN ESTABLISHMENT
Business Address: 172 Rue du Calitor, 83260 La Crau
Trade Name: Sofia
Business Activity: Sale of beauty products
Start Date of Activity: 10/01/2024
Origin of Business or Activity: New creation
Operating Mode: Direct operation
I. Definitions under EU Regulation 2022/2065 and 2022/1925
An “internet access service provider” is any person providing a mere conduit service, as defined in point (i) of paragraph (g), Article 3 of EU Regulation 2022/2065 on a Single Market for Digital Services (Digital Services Act).
A “hosting service provider” is any person providing services defined in point (iii) of the same paragraph.
An “online search engine” is a service as defined in paragraph (j) of Article 3 of the same regulation.
An “online platform” is a service defined in paragraph (i) of the same article.
An “online social networking service” is a service as defined in paragraph 7 of Article 2 of EU Regulation 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act).
An “app store” is a service defined in paragraph 14 of Article 2 of the same regulation.
A “software application” is any product or service defined in paragraph 15 of the same article.
II. Legal Status of Intermediary Service Providers
Persons whose activity is limited to providing intermediary services under paragraph (g) of Article 3 of Regulation 2022/2065 are not considered producers as per Article 93-3 of French Law No. 82-652 on audiovisual communication.
III. Obligations of Internet Access Providers
A. They must inform subscribers of available technical tools to limit or select certain services, offering at least one such tool free of charge.
B. In compliance with Law No. 78-17 of January 6, 1978 (Data Protection Law), they must inform subscribers about their data usage and the corresponding greenhouse gas emissions.
C. They must inform subscribers about the prohibition of cross-border remote sales of tobacco products and the associated legal penalties (up to 1 year imprisonment and €250,000 fine).
D. Any advertising mentioning the possibility to download third-party content must include a visible and legible notice stating that piracy harms artistic creation.
IV. Obligations of Hosting Service Providers
A. They must help combat the dissemination of illegal content (e.g., hate speech, child abuse, terrorism), and immediately inform authorities of any such illegal activity reported to them.
B. They must provide publishers of online communication services with technical means to meet legal identification requirements.
C. Failure to promptly inform authorities as per Article 18 of Regulation 2022/2065 is punishable by 1 year imprisonment and €250,000 fine (up to 6% of global revenue for legal entities).
V. Data Retention Obligations
A. Internet access and hosting service providers must retain data allowing identification of anyone contributing to content creation, under conditions defined by a decree of the Council of State.
B. Failure to meet this obligation is punishable by 1 year imprisonment and €250,000 fine. The same penalties apply for non-compliance with judicial requests.
VI. Online Platforms and Content Preservation
Platforms exceeding a connection threshold in France must implement human and technological measures to temporarily retain removed content flagged as illegal, in case it’s needed for judicial investigations.
VII. False Reporting of Illegal Content
Anyone knowingly submitting false reports of illegal content to hosting service providers with the aim of having it removed may face up to 1 year imprisonment and a €15,000 fine.
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