Since the French Law on Confidence in the Digital Economy (LCEN) of 21 June 2004, every website accessible to the public has been required to display legal notices. This requirement applies to brochure websites, online stores, blogs and web applications alike. The regulatory framework distinguishes between several categories of publishers and requires different levels of information depending on their legal status and the type of activity they carry out.
Legal notices and the GDPR: two requirements visitors often confuse
A website’s “Legal notices” page serves a specific purpose: identifying the website publisher and its hosting provider. On its own, it does not cover all the information that must be provided to visitors.
Whenever a website collects personal data (through a contact form, account creation or newsletter sign-up), it must provide specific information under the GDPR. This information covers the purposes of processing, the legal basis relied upon, how long the data will be retained and the rights of the individuals concerned. These details can all be included on the same page, but legal notices do not replace a privacy policy.
Cookie rules are a separate requirement, too. For trackers that are not strictly necessary for the service to function, the CNIL requires consent to be given through a positive action by the user. Simply continuing to browse does not count as acceptance. Visitors to Passez l’info’s legal notices can see an example of a well-structured page where these different layers of information coexist without being conflated.
Information a website must display, depending on the publisher’s legal status
The content of legal notices varies depending on whether the publisher is a legal entity or an individual. The LCEN requirements leave no room for interpretation on this point.
Legal entity: company, association or local authority
A company (SAS, SARL, SA or another legal form) must publish its registered company name, legal form and share capital. It must also provide its registered office address, an email address and a telephone number for contacting the company.
Identification details must also include the company’s registration number in the Trade and Companies Register for commercial activities, or its number in the Trades Register for craft activities. The name of the publication director must also appear in the legal notices.
Individual: sole trader or micro-enterprise
A sole trader must provide their first and last names, along with the designation “entrepreneur individuel” or the initials “EI”. The business’s registered address is provided instead of a registered office address. The same requirements apply to the remaining details (email, telephone number and identification number).
Identifying the hosting provider
Every website must provide its hosting provider’s contact details: company name, address and telephone number. This information enables the authorities and third parties to send a notification if the site contains unlawful content.
- Company or registered name of the hosting provider
- Postal address of the hosting provider’s registered office
- Telephone number of the hosting provider
Regulated activities and sector-specific notices on a business website
Some professions have additional disclosure requirements that are not covered by general legal notices. Regulated professionals (lawyers, doctors, architects and chartered accountants) must specify the applicable professional rules, the professional body or authority that issued their licence to practise, and their professional title and the country in which it was awarded.
For activities requiring administrative authorisation, the name and address of the authority that issued the authorisation must be displayed. Online stores must also provide their terms and conditions of sale, payment methods, delivery times and withdrawal terms as required by the Consumer Code.
An e-commerce website that omits its terms and conditions of sale or information about mediation is not merely failing to meet a formality. It risks commercial disputes in which the absence of this information may count against it.
Penalties for missing or incomplete legal notices
The LCEN provides for criminal penalties for individuals who fail to meet the publication requirement: up to one year in prison and a fine of 75,000 euros. For legal entities, the fine can reach 375,000 euros.
Beyond criminal penalties, missing legal notices send a negative signal to visitors. Visitors who cannot find out who publishes a website are likely to leave the page, especially if they are considering making a purchase or sharing personal data.
Enforcement rarely makes the headlines, which can create the impression that the risk is low. However, the DGCCRF and the CNIL have investigative and enforcement powers. A competitor or dissatisfied consumer can also report a breach, triggering proceedings.
Reviewing your legal notices: the details publishers most often overlook
Three omissions crop up repeatedly on business websites.
- The hosting provider’s details are often incomplete: the name is listed, but the postal address or telephone number is missing
- The publication director is not named, or their identity is replaced with just a company name
- GDPR information is missing or mixed in with the legal notices, with no clear distinction between identifying the publisher and explaining how data is processed
A quick audit involves comparing your legal notices page with the list of information required by the LCEN for your legal status (individual or legal entity), then checking that GDPR and cookie information appears in a dedicated section or on a separate page. The information must be updated whenever the registered office, legal form or hosting provider changes.
A website’s legal notices are more than a copy-and-paste job using a template found online. The publisher’s legal status, sector and the type of data collected determine exactly what information must be published. Incomplete notices can lead to penalties, but above all, they undermine visitors’ trust from the moment they first arrive.
