The legal notices refer to the set of identification information that any website publisher must make accessible to visitors. Their legal framework is based on the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004, whose provisions have been recently reorganized. Any professional or personal site publishing content is concerned, without exception.
Legal basis for legal notices: an unknown change since May 2024
Most templates for legal notices available online still cite Article 6-III of the LCEN as the basis for identification obligations. This reference has been obsolete since May 23, 2024.
The identification obligations of the publisher are now codified in Article 1-1 of the LCEN. Using a template that still mentions Article 6-III amounts to displaying an outdated legal basis, which can pose a credibility issue in the face of a control or dispute.
Before copying a template found on the web, checking the cited legal reference is a reflex to adopt. Some sites like Racing Fans’ legal notices illustrate a structured page with the information required by current regulations.
Mandatory information on a professional website
The required content varies according to the legal status of the publisher and the nature of the site. A common foundation applies to all professional sites.
- Publisher’s identity: name and surname for a sole trader (with the mention EI), or company name, legal form, and address of the registered office for a corporation
- Contact details: email address and phone number, the latter now being considered mandatory beyond just email
- Registration number with the RCS, VAT identification number
- Identity of the site’s host: name or company name, address, and phone number of the individual or entity storing the content
- Name of the publication director or editor-in-chief
For regulated activities (liberal professions, real estate agents, health professions), additional mentions are required: reference to professional rules, name of the order or supervisory authority, professional title, and country of issuance.
Specific case of e-commerce sites
An online sales site must display, in addition to the common foundation, the general terms and conditions of sale (GTC), payment methods, delivery times and costs, as well as withdrawal conditions. The GTC and legal notices are two distinct documents, although nothing prevents them from being grouped on the same page.
Personal data protection and cookies: the GDPR aspect
As soon as a site collects personal data (contact form, newsletter, user account, audience measurement cookies), specific information must complement the legal notices.
This information covers the purpose of the collection, the legal basis for processing (consent, legitimate interest, performance of a contract), the data retention period, and users’ rights (access, rectification, deletion, portability). Failing to include the personal data policy exposes one to sanctions distinct from those related to classic legal notices.
The cookie consent banner does not replace this information. The banner manages the collection of consent, while the legal notices page or privacy policy details the processing operations.
Sanctions for absence of legal notices
The absence of legal notices constitutes a criminal offense. For an individual, the fine can reach 75,000 euros accompanied by one year of imprisonment. For a legal entity, the amount rises to 375,000 euros.
In practice, criminal prosecutions remain rare for a simple oversight on a showcase site. The concrete risks are more on the side of formal notices from the DGCCRF or the CNIL, which can lead to public injunctions, thus visible to customers.
Accessibility of the legal notices page
The law requires that the notices be easily accessible. A footer link visible on all pages of the site is the standard practice. Burying the link in a submenu or making it accessible only after several clicks does not meet the visibility requirement.
Writing compliant legal notices: concrete points of vigilance
Three common errors occur during drafting.
The first: copying a template without checking the cited legal basis. As mentioned, the reference to Article 6-III of the LCEN has been obsolete since May 2024. Article 1-1 of the LCEN is the reference to use.
The second: confusing legal notices with the privacy policy. Legal notices identify the publisher and the host. The privacy policy describes the processing of personal data. Both pages can coexist or be merged, but each block of information must be present.
The third: forgetting to update the notices after a change of registered office, legal form, host, or VAT number. Inaccurate mentions pose the same legal problem as absent mentions.
Compliance of a site is not limited to the initial publication of a page. Each structural change of the company or site (new host, addition of a form, integration of an analysis tool) justifies a review. A site whose legal notices still display a legal reference removed for more than two years sends a signal of negligence, both to visitors and to regulatory authorities.
