The following is provided for information purposes, and not meant to be legal advice.
There are laws in France requiring disclosure of security breaches to customers. There are two articles in the French Civil Code (articles 1134 and 1135) that require parties in a contract to act in good faith. The courts have used these articles to impose on a supplier a best efforts obligation to inform the buyer on the characteristics of the supplier’s products.
A buyer who does not receive any information on the use conditions or caution requirements may not be able to correctly use the product, and may be able to obtain damages resulting from improper use.
A product should have the security level expected by the buyer, and the seller should not deliver a dangerous product. This application of the articles is relevant in the business to consumer relationship, but may not be required in the business to business relationship where both parties have the same level of information.
For example, if a software company is negotiating the licensing of products with an IT director of a company, both parties are considered to have knowledge and judgment to evaluate the products.
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