When setting up your business, your activities can be developed in the traditional way, on a website, or by mixing the two. The nature of your activities and the means you have will guide your choices. Whether you are putting up a simple showcase site promoting your activities or developing a commercial website (goods or services), the domain name used is a strategic element. You can integrate it with the information recorded in the Trade and Companies Register (RCS) during business creation. It is not mandatory, but it is highly recommended. Several reasons for this for an entrepreneur starting a business

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From the editorial site to the commercial site

Even if your website does not carry out any commercial activity (service or sale of goods), you should do a research to verify that your domain name does not correspond to a company or a brand already registered. It’s the same process as for defining your trade name. This type of research can be limited to England, but it is preferable to check on a global level. This avoids direct competition on your domain name in other French-speaking countries in particular. In the case of an English-speaking domain name, research extended to the world is almost compulsory. It is also a way to avoid litigation with a foreign company that could claim prior to your purchase of a domain name for England.

Domain name purchasing companies tell you the availability or name of your site with the extension (“.fr”, “biz” or “.com” for example) that you want. As long as your site does not carry out commercial operations, the purchase of the domain name and the checks mentioned above are sufficient.

Create a business to operate a commercial site

As soon as sales are made through your website, you need to start a business. Creating and operating a website for your business is not subject to the choice of a form legal precise. Whether you exercise your activities as an individual entrepreneur (micro-enterprise regime or self-employed or EIRL regime), or within the framework of a company (one-person type EURL / SASU, or with SARL / SAS associates) , you can use an e-commerce website. This concerns sales of goods or goods and services.

The company registration is a formality that each entrepreneur must achieve in order to start his project. After this step, the entrepreneur can actually exercise his activity since he holds a Kbis which allows him to bill his customers. Some formalities are required, both to be in good standing and to protect your interests and develop your turnover.

Legal notices on a website

In the case of an editorial site or personal blog, the entrepreneur responsible for the site must indicate the nature of the information collected (via cookies) and his identity. More specifically, the legal information is as follows:

  • Contact: email address and telephone number;
  • Name of the director of the publication and contact details of the host of the site (name, name or company name, address and telephone number) for blogs and forums;
  • Identity: name, first name, domicile for an individual entrepreneur; company name, legal form, address of establishment or head office (and not a simple post office box), amount of share capital for a company.

As soon as a commercial activity (provision of service or sale of goods) is carried out on a website, internet customers must be able to easily have the following information:

  • Registration number at trade and companies register (RCS) for a commercial enterprise or at directory of trades (RM) for craft activities;
  • Individual tax identification number intra-community VAT number;
  • The general conditions of sale (CGV) : price (in euros and inclusive of tax), costs and delivery time, method of payment, after-sales service, right of withdrawal, duration of the offer, cost of the remote communication technique;
  • CNIL number, in the case of data collection on customers (not compulsory, but recommended).

As we can see on all of the rules-based sites, the use of “cookies” must follow specific rules. Before accepting or refusing them, the Internet user must be informed of the nature and use of the information (cookies) collected by the company.

Regulated professions subject by default to specific formalities and regulations must also inform Internet users of their ability to exercise the profession they offer online and indicate the name of the professional body on which they depend.

In the event of failure to comply with these rules, the site manager may take sanctions: up to one year imprisonment, a fine of € 75,000 for individuals and € 375,000 for legal persons.

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