# 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:

  1. Email warning - PrestaShop notifies you of unfulfilled obligations
  2. Automatic refunds - PrestaShop may approve merchant refunds without your consent
  3. Product deactivation - Temporary removal from marketplace while maintaining support obligations
  4. 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