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Regulations governing real estate classifieds websites

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

Regulations governing real estate classifieds websites

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

Real estate classifieds websites, whether general or specialized, must comply with several applicable laws and regulations. Here are the main laws applicable to these platforms in the French real estate sector:

1. General Data Protection Regulation (GDPR)

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

  • Obtain explicit consent from users before collecting their data.
  • Allow users to view, modify or delete their personal data.
  • Ensure 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 websites. It imposes obligations such as:

  • Identification of website publishers : Websites must clearly indicate the identity of the publisher, the hosting provider, as well as the contact details of the data controller.
  • Content responsibility : 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 websites must comply with regulations governing the activities of real estate agents :

  • The Alur Law governs rentals, sales, and the rules related to the publication of real estate advertisements. Websites must ensure transparency of information (prices, technical assessments, etc.) and proper management of advertisements.
  • Hoguet Law : This law regulates the activities of real estate professionals. If a platform publishes advertisements related to real estate, it must ensure that the registered real estate agents comply with this legislation (for example, by holding a professional license and a financial guarantee).

4. Obligations to display information related to real estate

Platforms must ensure that advertisements comply with legal display requirements:

  • 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 (rents, fees, etc.).

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

This law requires real estate classifieds platforms to implement measures to combat fraudulent practices. Specifically, it mandates:

  • Ad verification : Platforms must take steps to prevent scams, such as verifying ads before they are published.
  • The ban on fake content : Platforms must remove misleading or deceptive ads within a reasonable time after being notified.

6. Consumer Law (2014)

Real estate classifieds websites must comply with the Hamon Law on consumer protection, which requires:

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

7. Regulations on cookies and user consent

Websites must comply with the obligations related to the use of cookies and other tracking technologies, as defined by the CNIL (French ). They must:

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

8. Intellectual property and copyright

Real estate classifieds platforms must respect copyright and intellectual property rights regarding photos and descriptions of properties. Users must ensure they have the necessary rights to publish images or text related to real estate.

Conclusion

Real estate classifieds websites must comply with a complex set of regulations to ensure data protection, transparency of listings, and the prevention of fraudulent practices. As a platform, it is essential to implement measures to ensure compliance with applicable laws, particularly those related to personal data protection, listing transparency, and fraud prevention.


Also read these articles on the topic of real estate classifieds websites:

  1. 📌 Overview of real estate classifieds websites
    Discover the evolution and role of platforms in the real estate ecosystem.
  2. 📌 Introduction to real estate classifieds websites:
    An overview of the major players and current trends.
  3. 📌 Generalist websites vs. specialized platforms:
    Advantages and limitations of both models for individuals and professionals.
  4. 📌 The impact of classified ads on traditional real estate:
    Analysis of opportunities and challenges for real estate agencies.
  5. 📌 Luxury goods and classifieds sites:
    How platforms meet the expectations of high-end buyers.
  6. 📌 Innovations in classifieds websites:
    Focus on AI, virtual tours, and future trends.
  7. 📌 Tips to optimize your real estate ads:
    Create impactful ads with suitable visuals and content.
  8. 📌 Summary of the challenges of real estate classified ads.
    Key recommendations to make the most of the platforms.
  9. 📌 Glossary of key terms for classified ad sites
    Understand the essential vocabulary for navigating the platforms.