E-reputation is becoming a key element in the marketing strategy of a restaurant owner or a hotelier. Consumers are looking for the best table by strolling in the street but also on the Internet. Therefore, at the time of the acquisition of a business, or throughout its operation, it is imperative to preserve your e-reputation.
What is e-reputation?
E-reputation is all the elements available on the Internet concerning the reputation of your establishment, such as your website, comments posted by users, rankings in directories or in travel guides. E-reputation includes positive elements: such as a strong presence on social networks, a good natural positioning in search engines, etc.
However, it can also include negative elements such as a bad food review or a negative customer review. So what legal reflexes should we have? What remedies are available in the event of a poor online reputation or a smear campaign by a competitor?
When should you start thinking about the e-reputation of your restaurant or hotel?
At the time of the audit to assess the value of a business, it is very important to do a search on the various search engines to estimate the reputation of the restaurant you want to acquire. This search must also be done on the main restaurant ranking sites such as TripAdvisor, the Routard Guide etc.
When acquiring a restaurant, it is necessary to take into account the following elements when drafting the act:
- do a thorough search on the Internet and check the reputation of the restaurant with neighbors and potential customers;
- verify the existence of health risks or complaints against the establishment that could turn into a reputational risk;
- ensure that the brand name of the restaurant is transferred and that the transfer of the restaurant will not alter the rankings;
- check that employees and former owners are bound by anti-denigration clauses.
E-reputation is an integral part of the business that is sold, in that it is a component of the clientele and the ability of an establishment to reach a clientele that is not from nearby or passing through.
E-reputation also involves updating information about your restaurant on the Internet. For example, when a hotel or restaurant is sold, it is not uncommon for the transfer contract to omit the takeover of telephone lines. Such a circumstance forces the purchaser to change the number and therefore to take the risk of appearing on the net under the wrong telephone number.
Thus, a restaurant whose reputation has deteriorated is likely to lose after the acquisition of value. This should be included when determining the price of the restaurant. In case of doubt, it is possible to provide an explicit guarantee mechanism to protect the purchaser from any risk.
How to preserve the e-reputation of your hotel or restaurant? What recourse in case of an attack on your e-reputation?
The right to reply
Article 6.IV of Act No. 2004-575 of 21 June 2004, called for confidence in the digital economy and Decree No. 2007-1527 of 24 October 2007 establish a right of reply on the Internet:
“Any person named or designated in an online public communication service has the right to reply, without prejudice to requests for correction or deletion of the message that they may send to the service”.
The right of reply gives anyone the right to require a website that has published personal information against them to publish a response in the same format and size as the original message.
Defamation and defamation
Defamation campaigns can exist in which a competitor or dissatisfied customer tries to undermine your establishment's reputation on the Internet, either by posting comments or by publishing articles.
Jurisprudence has gradually been built by applying the rules governing freedom of the press, which establish freedom of expression as a principle with the limitation of abusive comments.
Legal actions are generally based on the concept of public defamation under press law (articles 29 and following of the law of 29 July 1881) insult, or denigration.
In the presence of abusive language, the following legal responses are possible.
- Give notice to the owner of the site hosting the comment to delete it. In case of refusal to delete, it is possible to obtain a judicial summons to force the deletion.
- In case of anonymous comments, it is possible to make a request to remove anonymity allowing the identity of the holder of the Internet connection to be retrieved from an IP address. The request for an anonymity statement can be obtained if necessary by judicial request.
- Act in summary proceedings to obtain precautionary measures (removal of a website, withdrawal of defamatory remarks) or act on the merits to obtain compensation for the damage suffered (damage to reputation, brand damage, etc.).
- File a criminal complaint before the public prosecutor of the competent High Court.
Rebranding: changing the identity of your restaurant
In the event of too much damage to its reputation, it is possible to make a clean slate from a marketing point of view by changing its name. It is then possible to register a new trademark, but also to change the commercial name of your establishment.
Because of its radical nature, such an approach must be studied thoroughly in terms of its impact on the value of your business.
Do not hesitate to contact us for any information and in case of specific needs: access the contact form. Our expert lawyers will be able to assist you in your procedures and to ensure the protection of your business. If necessary, we can also advise you on the choice of companies specializing in digital communication in order to develop or restore your e-reputation.
