The legal notices are not just a copy-paste of a template found online. Their content varies according to the legal status of the publisher, the nature of the data collected, and the type of activity carried out. Poorly written or incomplete legal information on a website exposes the operator to criminal and administrative sanctions that far exceed a simple warning.
Distinction between legal notices, privacy policy, and cookie banner
We still observe too many sites that group legal notices, privacy policy, and cookie management into a single catch-all page. Compliance relies on three distinct legal documents, each responding to its own regulatory framework.
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The legal notices fall under the law for confidence in the digital economy (LCEN) of June 21, 2004. They identify the publisher and the host. The privacy policy, on the other hand, stems from the GDPR: it describes the purposes of data collection, the legal basis for processing, the rights of users, and the recipients of personal data.
The cookie banner constitutes a third mechanism. Trackers like Google Analytics or Facebook Pixel must be blocked before obtaining consent. The “Reject” button must be as visible and accessible as the “Accept” button. Merging these three obligations into a single block creates a lack of readability that the CNIL can sanction. For example, the legal information of the site Médecine Directe illustrates this separation between the identification of the publisher and the privacy policy well.
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Identification notices: what changes depending on the publisher’s status
The content of mandatory identification notices directly depends on the legal form of the business. For an individual (sole trader, micro-entrepreneur), the law requires name, first name, home address, email address, and phone number. The mention “sole trader” or the initials “EI” must accompany the identity.
For a legal entity, the requirements are more extensive:
- Company name, legal form (SAS, SARL, SA), and amount of share capital
- Address of the registered office, email, and contact phone number
- Registration number with the RCS and VAT identification number
- Complete identity of the website host: name or business name, address, and phone number
RNE and artisanal activities
Since the replacement of the trade directory by the National Directory of Enterprises (RNE), artisans must ensure that the registration number referenced in their notices corresponds to the correct register. A site that still displays an outdated trade directory number presents a non-compliance issue that can be exploited in case of an inspection.
Regulated professions
Websites operated by regulated professions (lawyers, pharmacists, architects) must add to these notices the name and address of the authority that issued the practice authorization. The omission of this mention constitutes a distinct offense, independent of the rest of the legal notices.
Obligations related to intellectual property on a website
Notices related to intellectual property are often treated as a detail. We recommend considering them as a full-fledged aspect of the legal notices, especially for sites with high visual content.
Every image, illustration, or photograph used on the site must be accompanied by an intellectual property notice. For borrowed texts, the publisher must obtain the author’s permission or, at a minimum, cite the source. The absence of these credits exposes one to claims from agencies specializing in the management of photographic rights.
A photography site is particularly exposed in this regard. Each published shot, whether original or licensed, must be accompanied by the corresponding rights notice. French courts have repeatedly confirmed the admissibility of compensation claims for uncredited use.
Sanctions for absent or incomplete legal notices
The absence of legal notices on a professional website is not just an administrative oversight. The LCEN provides for sanctions of up to one year of imprisonment and a fine for individuals. Legal entities face a fivefold fine.
Beyond the criminal aspect, the absence of complete notices weakens the publisher’s position in case of a commercial dispute. A customer or competitor can invoke the shortcoming to challenge the reliability of the site. In the context of an e-commerce site, the general terms and conditions must complement the legal notices with specific information on the right of withdrawal, delivery methods, and dispute resolution.
Accessibility of notices: a compliance criterion in its own right
The legal notices must be accessible from all pages of the site via a direct link in the footer. A navigation path requiring multiple clicks does not satisfy the LCEN requirement. For mobile applications, this obligation applies with the same accessibility constraints.
We recommend an annual audit of the legal notices page. Changes in status, registered office, host, or registration register must be reflected without delay. An outdated legal notice is legally equivalent to an absent notice.