# Compliance & Legal Obligations
# 🚨 Business Care Obligations
Business Care is the mandatory after-sales service included with every module or theme purchased in the marketplace (Excluding Free products) , creating ongoing obligations between you and your customers. All sellers must comply to Business care rules.
# Understanding Business Care Subscriptions
# Subscription Mechanics:
- 12-month duration from the product's purchase date
- Automatic renewal unless cancelled by the merchant
- Annual payment structure - charged yearly, not monthly
- Immediate activation upon product purchase
- Cancellation flexibility - merchants can cancel without notice, effective at period end
# Reactivation Policy:
As of March 2025, expired Business Care subscriptions can be reactivated with enhanced fees:
- Standard reactivation cost = Business Care price + 95% of addon price
- Your commission calculated on this total amount at your normal rate
- Merchant benefit - Can reactivate at any time, no expiration limit
- Fee avoidance - Merchants must renew before expiration to avoid extra costs
# Your Support Obligations
# 🚨 Response Time Requirements:
- Confirmation deadline - Acknowledge requests within 1 working day (Monday-Friday)
- Resolution deadline - Resolve technical issues within 30 working days
- Professional communication - Personalised responses (auto-replies don't count)
- Holiday management - Can activate vacation mode but 24-hour rule still applies
# 🚨 Valid Support Scope:
You are obligated to provide support for:
- Any functionality advertised on your product page
- Technical issues originating from your product
- Configuration and installation guidance
- Bug fixes and compatibility problems
# 🚨 Valid Reasons to Refuse Support:
- Issues outside advertised functionality
- Requests for different merchant sites than purchased for
- Third-party service interventions required
- PrestaShop versions not listed in your compatibility
- Sites with custom modifications conflicting with your module
- Requests for source code modifications by the merchant
# 🚨 Financial Management & Payment Processing
# 🚨 Stripe Integration Requirements
# Mandatory Transition:
Stripe integration is mandatory for long-term marketplace participation, providing enhanced security and automated payment processing:
# Registration Requirements:
- European bank account - Mandatory for all partners regardless of location
- Identity verification - KYC process including director identity documentation
- Business documentation - Company registration, tax identification, address verification
- SMS verification - Phone number confirmation for account access
# Payment Processing Structure:
- Commission transfer - Automatic transfer to Stripe Express account after each sale
- Holding period - 45-day reserve for refund protection
- Monthly disbursement - Automatic bank transfers on 1st of each month
- Currency restriction - Euro (€) only, no currency changes permitted
- Transfer timeline - 2-3 business days from Stripe to your bank account
# 🚨 Non-European Partner Requirements
# Compliance Framework:
To comply with European legislation, non-European partners must establish:
# Essential Requirements:
- European bank account - Contact European banks for account opening procedures
- European mailing address - Consider mailbox rental services in EU countries
- European legal entity - May be required depending on business structure
- Tax compliance - Understand VAT obligations for EU operations
# Alternative Solutions:
- Partnership structures - Collaborate with European partners for marketplace access
- Legal consultation - Seek professional advice for optimal compliance structure
- Gradual transition - Current manual payment system available temporarily
# 🚨 Financial Reporting & Invoicing
# Automated Systems:
- Invoice generation - Automatic monthly invoices for disbursed amounts
- VAT handling - Automatic VAT addition for applicable French partners
- Download access - All invoices available in Partner Account "Factures" section
- Custom invoicing - Option to edit invoices if PrestaShop format unsuitable
# Legacy Fund Management:
- Old system funds - PrestaShop Fonds tab remains accessible indefinitely
- Withdrawal flexibility - €100 minimum requirement removed
- No transfer option - Cannot directly transfer to Stripe, manual withdrawal required
- Timeline consideration - Eventually all partners must transition to Stripe
# 🚨 Data Protection & GDPR Compliance
# Regulatory Scope & Application
# GDPR Applicability:
Your products fall under GDPR regulation if they:
- Collect personal data - Names, emails, IP addresses, phone numbers, location data
- Process EU citizen data - Regardless of your business location
- Serve EU markets - Products distributed to any European Union country
# Data Classification:
Personal data includes any information relating to identified or identifiable persons:
- Direct identifiers - Full names, email addresses, phone numbers
- Indirect identifiers - IP addresses, device identifiers, location coordinates
- Behavioral data - Consumer habits, purchase history, website interactions
- Technical data - Browser information, system specifications, usage patterns
# 🚨 Intellectual Property Protection
# Anti-Plagiarism Enforcement
# Detection & Reporting Process:
When you discover plagiarism of your products:
# Step 1: Direct Communication
- Contact the infringer - Request modification or removal of disputed content
- Document interaction - Keep records of communication attempts
- Legal explanation - Clearly explain intellectual property rights and consequences
- Reasonable timeline - Provide opportunity for voluntary compliance
# Step 2: Marketplace Escalation
If direct contact fails:
- Abuse report submission - Complete form at https://content.prestashop.com/en/report-abuse
- Evidence compilation - Provide comprehensive proof of plagiarism
- Documentation support - Screenshots, code comparisons, timestamps
- Legal team review - PrestaShop legal experts assess your claim
# Enforcement Consequences:
Confirmed plagiarism results in:
- Warning issuance - First offense notification and correction requirement
- Product removal - Immediate delisting of plagiarized content
- Partnership termination - Permanent marketplace exclusion for serious violations
- Legal escalation - Potential legal action for significant intellectual property theft
# ✅ Intellectual Property Best Practices
# Protection Strategies:
- Original development - Ensure all code and functionality is genuinely original
- Proper attribution - Credit open-source components and third-party libraries
- License compliance - Verify compatibility with PrestaShop's AFL license
- Documentation - Maintain development records proving originality
# Monitoring & Prevention:
- Regular marketplace monitoring - Scan for similar products that may infringe
- Early reporting - Address potential infringement immediately upon discovery
- Clear ownership documentation - Maintain proof of original creation dates
- Professional legal advice - Consult IP lawyers for complex cases
# Platform Limitations & External Infringement
# Marketplace Scope:
PrestaShop can only act on infringement occurring within the PrestaShop Marketplace:
- Internal enforcement - Full authority over marketplace-listed products
- External limitation - Cannot directly address infringement on other platforms
- Referral support - Guidance for reporting to other platforms
- Documentation assistance - Help prepare evidence for external legal action
# Account Management & Compliance
# Account Suspension Prevention
# Common Suspension Triggers:
Accounts face suspension for violations including:
- Terms of service breaches - Non-compliance with General Terms of Sale
- Unprofessional conduct - Inappropriate communication or behavior
- Legal violations - Infringement of laws or regulations
- Competitive redirection - Directing merchants to competing platforms
- Third-party rights violations - Intellectual property or privacy infringements
# Suspension Consequences:
During account suspension:
- Product unavailability - All products removed from marketplace sales
- Submission blocking - Cannot submit new products for validation
- Ongoing support obligations - Must continue supporting existing customers
- Payment withholding - No payments for products during suspension period
- Customer refunds - Automatic refunds for unsupported products
# Compliance Maintenance Strategies
# Proactive Compliance:
- Regular terms review - Stay current with marketplace policy updates
- Professional communication - Maintain respectful, solution-focused interactions
- Quality service delivery - Meet all Business Care obligations consistently
- Transparent practices - Honest product descriptions and capability statements
- Competitive respect - Avoid negative references to PrestaShop or competitors
# Issue Resolution:
- Immediate response - Address PrestaShop communications promptly
- Open communication - Explain circumstances and improvement plans
- Corrective action - Implement requested changes quickly and thoroughly
- Documentation - Maintain records of compliance efforts and improvements
- Professional support - Seek legal advice for complex compliance issues
# Consequences of Non-Compliance of PrestaShop Marketplace Guidelines
# Escalation Process:
- Email warning - PrestaShop notifies you of unfulfilled obligations
- Automatic refunds - PrestaShop may approve merchant refunds without your consent
- Product deactivation - Temporary removal from marketplace while maintaining support obligations
- Account suspension - Complete marketplace exclusion for serious or repeated violations
# Financial Impact:
- Refunded products result in no payment to you
- Business Care subscriptions automatically terminate with refunds
- Suspended accounts still require support for existing customers
- Failure to provide support during suspension leads to automatic refunds