<\/p>\n
<\/p>\n
However, physical points of sale will certainly not be replaced in the luxury industry, as they offer a unique experience in a world of excellence and refinement. Indeed, luxury brands are more present than ever in the most prestigious areas of the world’s cities, continuing to purchase premises for both their boutiques[2] and their offices[3].<\/p>\n
<\/p>\n
Although the global luxury goods industry was late to embrace the digitalization of its activities<\/strong> compared to other industries, we can see that it has largely caught up<\/strong> by investing considerable resources in the use of these technologies for their marketing and interaction with their customers.<\/p>\n <\/p>\n In 2021, the value of the online personal luxury goods market was estimated at 62 billion euros<\/strong>[4]. The use of smartphones has obviously had a major impact.<\/p>\n <\/p>\n Beyond digitalization<\/strong>, luxury brands have used virtual and augmented reality<\/strong>[5] to create an emotional immersion<\/strong>, like that which customers can experience in a boutique.<\/p>\n <\/p>\n As a result, virtual universes are multiplying<\/strong>, notably with the use of metaverse[6] technology, which enables products and services to be bought and sold, offering a customer experience through 3D reconstruction<\/strong>. Metavers can also enable interaction through avatars or a mix of real and virtual experiences.<\/p>\n <\/p>\n Experiences at the intersection of the real and the virtual<\/strong> raise a number of legal issues.<\/strong><\/p>\n There are many legal issues at stake in this race to use the most innovative technologies.<\/p>\n At least four can be identified<\/strong>:<\/p>\n – Legal compliance of digital platforms<\/strong> (current episode)<\/strong><\/p>\n – Protecting customer data and digital images (Episode II)<\/p>\n – Brand e-reputation (Episode III)<\/p>\n – Cyber risks (Episode IV)<\/p>\n <\/p>\n In this first part<\/strong>, we’ll look at the first challenge<\/strong>, which is to maintain good digital communication in line with platform law.<\/strong><\/p>\n <\/p>\n <\/p>\n Luxury brands that sell online are obviously subject to regulations in France and abroad.<\/strong><\/p>\n The obligations incumbent on digital platforms have been reinforced.<\/strong><\/p>\n They result from a wide range of regulations, including:<\/p>\n – Digital law ;<\/p>\n – Economic law ;<\/p>\n – criminal law<\/p>\n – Tax law ;<\/p>\n – Consumer law.<\/p>\n <\/p>\n Article L.111-7 of the French Consumer Code<\/strong> defines an online platform operator in terms of the activity carried out by that operator. This is “any natural or legal person offering, on a professional basis, whether remunerated or not, a communication service to the public based on :<\/p>\n – The ranking or referencing, by means of computer algorithms, of content<\/strong>, goods or services offered or put online by a third party; or<\/p>\n – The bringing together of several parties<\/strong> with a view to the sale of a good, the provision of a service or the exchange of the sharing of content, a good or a service”.<\/p>\n <\/p>\n\n<\/p>\n \t\tReinforced obligations<\/h2>\n