Where, pursuant to 1° of I of article L. 211-2, a consumer provides the trader with an advantage instead of or in addition to a price, the trader shall explain the nature of this advantage by setting out in his general terms and conditions, in clear and comprehensible terms, the economic model showing the impact for him of this advantage on his income or economic profit.
Where this benefit leads the trader to process the consumer’s personal data, for processing carried out under the conditions mentioned in points a and f of paragraph 1 of Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the trader shall specify, in the general terms and conditions, how the processing of data for advertising or commercial purposes will be used.
The foregoing provisions shall apply without prejudice to the obligations incumbent on the trader under Articles 7, 12 and 13 of the aforementioned Regulation and Articles 48 and 81 to 83 of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms.