OpenTermsArchive / engine

Tracks contractual documents and exposes changes to the terms of online services.
https://opentermsarchive.org
European Union Public License 1.2
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Add Legal Notices (mentions legales) document type #801

Closed mvidonne closed 2 years ago

mvidonne commented 2 years ago

same issue already mentioned here: https://github.com/OpenTermsArchive/services-all/issues/523

MattiSG commented 2 years ago

Thanks @mvidonne!

We define document types through a triptych made of:

  1. The writer of the document;
  2. the targeted audience;
  3. the object of the commitment.

We also need to have a unique name for the type. More details can be found in the document types documentation 🙂

In this case, the Mentions Légales are a requirement under French law, designed to make it possible to contact the hosting provider of any online content for investigation. They are translated literally as Legal Notice, but it seems that the equivalent meaning would be closer to Impressum, which has a comparable legal mandate under German law. While given this specific meaning by German law, this term seems to exist with the same meaning in English. Linguee refers translations as “Imprint”, “Impressum”, and “Legal Notices”.

I understand that:

Does that description seem to match with the documents you intend to track? 🙂 What are the names of such documents you saw used? Could you please provide us with at least 2 examples of such documents from different providers, ideally in different jurisdictions?

mvidonne commented 2 years ago

FreeNow En français: https://free-now.com/fr/mentions-legales/ Auf Deutsch. https://free-now.com/de/impressum/ same company but different texts due to the jurisdiction

https://www.parship.fr/aboutus/ → “Informations légales” https://www.parship.de/aboutus/ → “Impressum” similar text

https://www.adopteunmec.com/legal

MattiSG commented 2 years ago

SHEIN calls theirs “Imprint” in English (both international and UK), with a direct translation to “Impression” for their French version and “Impressum” in German, “Impresión” in Spanish, “Imprimir” in Portuguese, “Afdruk” in Dutch (which translates to impression / imprint), “Impronta” in Italian.

MattiSG commented 2 years ago

Asked the wisdom of the crowd: https://twitter.com/matti_sg/status/1508750286059356164

AntoineAugusti commented 2 years ago

"Terms and Conditions" is standard for the federal gov of Canada 🇨🇦

https://digital.canada.ca/legal/terms/ https://www.canada.ca/en/transparency/terms.html

MattiSG commented 2 years ago

Thanks @AntoineAugusti! These Canadian documents seem to be generic Terms of Service indeed, they don't seem to be specifically about the “identification of the content author and its hosting service for official inquiries”. It is totally possible that there is no equivalent in the Canadian jurisdiction of the French Mentions Légales or the German Impressum 🙂

MattiSG commented 2 years ago

The results of an informal Twitter survey push for “Legal notice”, but I wonder how biased the question was towards French members.

Screen Shot 2022-04-18 at 10 19 05

Based on all the accumulated information, I am in favour of using the English term “Imprint”.