A craftsman launches his showcase site on a Friday, receives a formal notice the following Monday: he was missing the name of the host and contact details. The mandatory legal notices are not just a decorative block of text in the footer. They engage the publisher’s responsibility from the moment of publication, regardless of the type of site, whether it’s a personal blog, a professional showcase, or an online store.
Legal notices of a website: what the LCEN law really requires
The law for confidence in the digital economy (LCEN) of June 21, 2004, requires every website publisher to make accessible information that allows for their identification. We often talk about a “legal notices page,” but the law does not specify the format: it requires that this information be visible, complete, and easily accessible for every visitor.
The content varies depending on the legal status of the publisher. For a legal entity (SAS, SARL, SA), the company name, legal form, amount of share capital, address of the registered office, an email address, a phone number, the SIREN number, and the RCS mention followed by the city of the registry must be included.
For an individual (sole proprietorship, micro-enterprise), the first and last name must be indicated, accompanied by the mention “sole proprietor” or the initials “EI,” as well as the domiciliation address.
A often overlooked point: the identification of the host is a separate obligation. The name or business name, address, and phone number of the host must be included in the notices, as can be verified on the Bois & Jardin 42 website, which displays these elements in compliance.
SIREN, RCS, SIRET: frequent confusion about registration numbers
We regularly see websites displaying a SIRET number thinking they are ticking the “registration” box. The texts refer to the SIREN number and the RCS mention followed by the city of the registry for commercial activities. The complete SIRET (which includes the NIC of the establishment) can be displayed, but it does not replace the RCS mention when it is required.
For craft activities, it is the registration number in the trade directory that applies. Regulated professions add references to professional rules, the professional title, the member state of issuance, and the name of the order or organization with which they are registered.
In practice, the best approach is to check the applicable registration notices for one’s situation rather than copying a generic template found online. A template designed for a commercial SARL will not be suitable for an osteopath in private practice.
Consumer mediator: a mandatory mention often missing from e-commerce sites
Many merchant sites forget this obligation or settle for a vague line. A professional selling to consumers must inform them about the consumer mediator to which they are subject. Their contact details and website address must be clearly and legibly displayed, whether in the legal notices, the general terms and conditions, or on order forms.
The obligation does not simply concern having a merchant site: it relates to sales to consumers. A pure B2B site is not subject to this requirement. This implies choosing a competent mediator for one’s sector, not just adding a generic mention copied and pasted.
- Identify the competent mediator for one’s sector (some sectors have a sector mediator, others use a conventional mediator)
- Display the name of the mediator, their postal address, and the URL of their site on the legal notices page or the general terms and conditions
- Ensure that the mediation agreement is up to date, as a mediator whose reference has expired does not meet the obligation
GDPR and cookies: mentions not to be confused with the privacy policy
The legal notices and the privacy policy are two distinct documents, even if they are sometimes merged on small sites. The CNIL reminds us that the legal notices identify the publisher, while the privacy policy details the processing of personal data in accordance with the GDPR.
Regarding personal data, the legal notices must at a minimum indicate:
- The purposes of data collection (contact form, newsletter, order)
- The legal basis for processing (consent, execution of a contract, legitimate interest)
- The recipients of personal data and, where applicable, the identity of the service providers that store processed data for the provision of the service
- The rights of users (access, rectification, deletion, portability) and the procedure to exercise them
Since the reorganization of the texts in 2024, the obligation to identify data storage providers has been clarified. Old models of legal notices, based on the previous numbering of the LCEN, deserve an update on this specific point.
On the cookie side, the consent banner and preference management fall under a separate obligation. A cookie banner does not replace the legal notices, and vice versa. Both must coexist.
Sanctions and control: what a non-compliant site risks
The absence of legal notices is punishable by a fine of up to one year in prison and a fine for individuals, with higher amounts for legal entities. Beyond the criminal sanction, the most common risk remains a formal notice from a competitor or an unhappy consumer, which can occur at any time.
DGCCRF checks regularly focus on the compliance of e-commerce sites, including the presence of the mediator and the accuracy of identification information. A site whose legal notices display an outdated address or an incorrect RCS number is exposed just as much as a site that has none at all.
The most useful reflex remains to review legal notices with every change of status: moving the registered office, changing the host, transitioning from a micro-enterprise to a company, renewing the mediator. A page written at the creation of the site and never updated almost always ends up becoming non-compliant.
