Question 15546 — commerce and crafts

Summary

Ms. Sandra Delannoy questions the Minister of the Economy, Finance and Industrial, Energy and Digital Sovereignty on the consequences of the reform of electronic invoicing and e-reporting for non-sedentary traders operating in open markets. The gradual generalization of electronic invoicing and new obligations to transmit transaction data pursues a legitimate objective modernization and simplification of economic exchanges. However, many street traders and hawkers are warning of the very concrete difficulties that this reform risks causing in the daily exercise of their activity, in particular on the consequences of e-reporting applicable to operations carried out with individuals. In practice, this device leads to the systematic transmission of a considerable volume of economic data relating to business activity: transaction amounts, dates, payment methods, activity volumes, even certain international operations. If the objective of tax modernization can be understood, many professionals question the proportionality of this massive collection of data with regard to the principles enshrined in the general data protection regulation (GDPR), in particular the principles of data minimization, limitation of purposes and proportionality of processing. They also fear that the centralization of sensitive economic data concerning thousands of VSEs, microenterprises and itinerant traders will lead to significant risks in terms of cybersecurity: computer vulnerabilities, risks of data leaks, unanticipated exploitation of the information collected, future interconnections of files or even the development of automated controls based on algorithmic processing. Open-air markets are in fact based on a specific functioning: multiple sales of small amounts, high customer density over short time slots, permanent mobility of traders, weather constraints, sometimes insufficient digital coverage and low economic margins. Under these conditions, the new digital and reporting obligations appear difficult to reconcile with the operational reality of non-sedentary commerce. The professionals concerned fear in particular a significant increase in administrative burdens and costs linked to IT equipment, compliance software and dematerialization platforms, even though their activity mainly relies on direct sales to individuals. Many representatives of the sector fear that these obligations will further weaken local businesses essential to the economic and social life of city centers, working-class neighborhoods and rural communities. Consequently, she asks him if he is considering the establishment of a specific simplified regime for non-sedentary traders; simplified terms of e-reporting adapted to sales made on the markets or even a partial exemption for small amount transactions carried out directly with individuals. She asks him what precise guarantees he intends to provide concerning the compliance of the system with the GDPR and the principle of proportionality of processing; if an independent assessment of cybersecurity risks and impacts on economic freedoms of TPE is considered. She wishes to know the Government's intentions in order to guarantee that the digital transition of tax obligations remains compatible with the realities of commerce on the ground.

Machine translation from French. The official text remains authoritative.

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