Regulation of real estate classified ads sites

Regulation of real estate classified ads sites

Find out about the current regulations on real estate classifieds sites, from the GDPR to the Alur law, and on the obligations of online platforms.

Real estate classified ads sites, whether general or specialized, must comply with several laws and regulations in force. Here are the main laws applicable to these distribution platforms in the context of real estate in France:

1. Personal Data Protection Act (GDPR)

The General Data Protection Regulation (GDPR) imposes strict obligations on real estate ad distribution platforms regarding the collection, processing and storage of personal data of users (owners, buyers, real estate agents, etc.). Sites must:

• Obtain explicit consent from users before collecting their data.
• Allow users to view, modify or delete their personal data.
• Guarantee the security of stored information.
• Appoint a data protection officer (DPO) if necessary.

2. Law for confidence in the digital economy (LCEN)

The LCEN governs online platforms, including real estate classifieds sites. It imposes obligations such as:

• Identification of site publishers : Sites must clearly indicate the identity of the publisher, the host, as well as the contact details of the data controller.
• Responsibility for content : Platforms must remove any illegal or reported content (e.g. fraud, false advertising).
• Regulation of advertising : The law imposes specific rules on commercial advertisements, including the transparent display of prices and conditions.

3. Alur Law (2014) and Hoguet Law (1970)

Real estate classifieds sites must comply with regulations governing the activities of real estate agents :

• Alur Law : It governs rental, sale, as well as the rules related to the distribution of real estate advertisements. Sites must ensure the transparency of information (prices, technical diagnostics, etc.) and the proper management of announcements.
• Hoguet Law : It regulates the activities of real estate professionals. If a platform broadcasts ads related to real estate, it must ensure that registered real estate agents comply with this legislation (for example, hold a professional card and financial guarantee).

4. Obligations to display information related to real estate

Platforms must ensure that ads comply with legal display obligations:

• Real estate diagnostics : The law requires that certain information, such as energy performance diagnostics (DPE), risks, surface area, prices and characteristics of properties, be mentioned in advertisements.
• Rental or sale price : Prices must be clearly displayed, including agency fees, charges, and other associated costs (rent, fees, etc.).

5. Law for the fight against fraud (Law of December 30, 2021)

This law requires real estate classified ad platforms to take measures to combat fraudulent practices. It requires in particular:

• Ad verification : Platforms should take steps to avoid scams, such as verifying ads before they are published.
• Prohibition of false content : Platforms must remove misleading or deceptive advertisements within a reasonable time after being informed.

6. Consumer law (2014)

Real estate classified ads sites must comply with the consumer law

• Transparency of offers and conditions of sale (descriptions of goods, prices, costs, etc.).
• The right of withdrawal for certain transactions, particularly with regard to distance selling.

7. Regulations on cookies and user consent

The sites must respect the obligations linked to the use of cookies and other trackers, as defined by the CNIL . They must:

• Inform users of the use of cookies.
• Obtain prior consent from users before placing non-essential cookies (e.g. for targeted advertising).
• Allow users to manage their cookie preferences easily.

8. Intellectual properties and copyright

Real estate classifieds platforms must respect copyright and intellectual property rights when it comes to photos and descriptions of properties. Users must ensure that they have the necessary rights to post images or text relating to real estate.

Conclusion

Real estate classifieds sites must comply with a complex set of regulations to ensure data protection, transparency of offers and avoid fraudulent practices. As a platform, it is essential to put in place measures to ensure compliance with current laws, in particular those related to the protection of personal data, transparency of advertisements and the fight against fraud.

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Also read these articles on the subject of real estate classifieds sites:

1. 📌 Panorama of real estate classified ads sites
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2. 📌 Introduction to real estate classifieds sites
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3. 📌 General sites vs. specialized platforms
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4. 📌 The impact of classified ads on traditional real estate
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5. 📌 Luxury goods and classifieds sites
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6. 📌 Innovations in classified ads sites
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7. 📌 Tips for optimizing your real estate ads
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8. 📌 Summary of the challenges of real estate classified ads
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9. 📌 Glossary of key terms for classified ad sites
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