The legal notices refer to all the information that allows visitors of a website to identify its responsible party. Required by law for trust in the digital economy (LCEN) of June 21, 2004, they apply to all professional websites, whether it is a showcase site, a blog, or an online store. Their absence exposes the publisher to heavy criminal penalties.
Legal notices and privacy policy: two distinct obligations
A common confusion is to mix legal notices with the privacy policy. Both respond to different legal texts and serve separate functions.
The legal notices fall under the LCEN. They serve to identify the publisher of the site, the publication director, and the host. The privacy policy, on the other hand, stems from the GDPR (articles 12 to 14) and the recommendations of the CNIL. It informs users about the collection of personal data, the purposes of processing, the recipients, and the rights they have.
Combining these two types of information on the same page is not prohibited, but separating LCEN legal notices and GDPR information clarifies compliance. A dedicated page for legal notices, and another for the privacy policy, makes it easier to verify that each obligation is met. The legal notices of the Tous Éco site illustrate this structuring by isolating identification information on a specific page.
Mandatory content of legal notices according to legal status
The exact content of legal notices varies depending on whether the publisher is a natural person or a legal entity. This distinction changes the identity information that must be provided.
Natural person (sole proprietor, micro-entrepreneur)
- Name, first name, and home address, accompanied by the mention “sole proprietor” or the initials “EI”
- Email address and phone number to contact the business
- Registration number with the RCS and VAT identification number
- Identity of the site host: name or corporate name, address, and phone number
Legal entity (company)
- Corporate name, legal form (SARL, SAS, SASU, etc.), and amount of share capital
- Address of the registered office, email address, and phone number
- Registration number with the RCS and VAT identification number
- Name of the publication director and full identity of the host
For regulated activities (pharmacy, beverage sales, legal professions), the name and address of the authority that issued the authorization must be included in the notices. Online sales sites add their general terms and conditions of sale (CGV), payment methods, delivery times, and withdrawal conditions.
Sanctions for absent or incomplete legal notices
Failure to comply with legal notice obligations constitutes a criminal offense. Sanctions vary depending on the nature of the offense and the publisher’s status.
The total absence of legal notices can lead to up to one year in prison. The fine reaches 75,000 euros for a natural person and 375,000 euros for a legal entity. These amounts are stipulated by the LCEN.
Incomplete or erroneous notices fall under a different regime. They may result in administrative or contravention fines, generally lower but specific, as provided by the Consumer Code. The gradation of sanctions means that a partial omission (absence of the VAT number, for example) does not expose one to the same risk as a page of notices that is completely absent.
Beyond the criminal aspect, a site without legal notices loses credibility with users and business partners. Transparency about the publisher’s identity is essential for building visitors’ trust.
Intellectual property and often neglected mentions
Mentions related to intellectual property are often omitted, even though they are part of legal obligations. If a site uses images, illustrations, or photographs, their intellectual property must be indicated. For texts borrowed from third parties, the publisher must obtain the author’s permission or cite the source.
This obligation also covers licensed fonts, embedded videos, and graphic elements purchased from image banks. Mentioning credits protects the publisher in case of disputes over the reproduction of content subject to copyright.
Another frequently overlooked point concerns hosting. The name of the host, its address, and its phone number are mandatory. Many sites only indicate the trade name (OVH, Ionos, Infomaniak) without specifying the full corporate name or postal address, making the mention non-compliant.
Accessibility and placement on the website
The LCEN requires that legal notices be visible and easily accessible from any page. In practice, a link in the footer remains the most common and compliant solution to this requirement.
Some publishers integrate their legal notices into the CGV. This approach is tolerated, but it complicates reading for the user who is only looking to identify the site’s responsible party. A dedicated page, clearly titled “Legal Notices,” facilitates access to information and simplifies checks in case of verification.
Legal notices are not a fixed document. Any change of registered office, legal form, host, or publication director requires immediate updating. An annual review of the page remains the best guarantee of compliance in light of evolving regulations and the structure of the company.
