Can we use the digital elements of the goodwill (website, domain name)?

Verified 27 September 2023 - Legal and Administrative Information Directorate (Prime Minister)

The takeover of goodwill (customers, leasing rights, equipment, etc.) may include various numeric elements crucial for the continuity of the company.

In a goodwill takeover, it may be appropriate for the buyer to acquire the digital assets of the goodwill to ensure the continuation of the activity. These digital elements enable the purchaser toaccelerate its implementation local and on the internet. They may do so be valued on the transfer of the goodwill.

Thus, the trade fund take-back may include:

  • Domain Name and linked business email addresses : the domain name is a determining element of customer attraction, it allows to identify the company on the internet. It can be likened to a brand or a trade name.
  • Website : creating a powerful website can be costly in terms of time and money. By purchasing an existing site, the buyer saves these assets and can focus on other aspects of the company. If the website has a positive online reputation, the buyer may inherit the credibility associated with the brand. It also enables business continuity to be maintained online. At the time of the transfer, the value of the website is based in particular on its technology, its graphic chart and search engine optimization.
  • Accommodation contract : the hosting allows the physical storage of data essential for the operation of the website.
  • Google My Business (GMB) : the establishment record is crucial for the local visibility of a company, it can be a very interesting asset for the buyer if it has a positive history. Google details how to transfer ownership of a work permit.
  • Client File and audience analysis services (e.g. Google Analytics): the client file is a valuable asset. It gathers a large amount of information on customers (their tastes, their consumption habits, their purchasing power...). This loyalty instrument allows to customize the offer and to offer products, services or even advertising related to the expectations revealed by the customers. At the time of transfer, the transferor must inform the customers of the transfer of their data and obtain their consent.
  • Social media accounts (Facebook, Twitter, Instagram, LinkedIn)
  • Accounts on a marketplace or a booking tool (e.g. Amazon, Cdiscount, Booking, Tripadvisor...)

Please note

You can use a FranceNum activator (digital expert) to be accompanied when the digital elements of a business are taken over.