The legal notices of a website are not just a copy-paste of a template found online. Since the SREN law of May 21, 2024, the legal references have changed: the obligations for identifying the publisher now fall under Article 1-1 of the LCEN, and the sanctions under Article 1-2. A page that still cites the old Article 6, III of the LCEN is technically outdated, even if the essence of the obligations remains comparable.
SREN Law and Article 1-1 of the LCEN: What Changed in 2024
Law No. 2024-449 of May 21, 2024, known as the SREN law, has restructured the LCEN without disrupting the list of required information. The change pertains to the architecture of the text and a discreet yet significant addition.
From now on, the publisher must mention, if applicable, the identity of the service provider that stores the publication data. This is not the host in the traditional sense: it refers to the storage service used for the website’s editorial content. A site whose files are served by a third-party CDN or whose database is hosted by a provider distinct from the main host may potentially be affected.
We recommend checking the technical architecture before drafting the legal notice page. A site on standard shared hosting will have nothing to add. An e-commerce site whose product data passes through an external SaaS service will need to assess whether this provider falls within the scope of Article 1-1.
To observe how these obligations are concretely implemented, the legal notices of Your Website illustrate a structured compliance according to the revised LCEN.
Mandatory Legal Notices According to Legal Status: Legal Entity or Individual
The distinction between a legal entity and an individual determines the exact content of the page. Confusions are common, especially for micro-entrepreneurs who apply the model of an LLC.
- For a legal entity (SAS, SARL, SA, etc.): company name, legal form, amount of share capital, address of the registered office, email address, phone number, registration number with the RCS or the trade directory depending on the activity.
- For an individual (sole proprietorship, micro-enterprise): first and last name accompanied by the mention “sole proprietor” or the initials “EI”, home address, email address, and phone number.
- In both cases: identification of the host (company name, address, phone number) and, since the SREN law, the data storage provider if applicable.
Regulated activities add additional layers. A site operated by a professional subject to authorization must mention the authority that issued this authorization. Regulated professions also indicate the applicable professional rules and the professional title with the member state that issued it.
E-commerce sites, for their part, combine the classic legal notices with obligations specific to online sales: individual VAT identification number, general terms of sale, right of withdrawal, dispute resolution procedures.
Sanctions for Lack of Legal Notices on a Website
The absence of legal notices is not a trivial oversight. For legal entities, the fine can be quintupled compared to that applicable to individuals.
In practice, criminal prosecutions remain rare for a simple lack of legal notices. The real risk lies elsewhere: a competitor or a dissatisfied consumer may report the breach to the DGCCRF, which has enhanced control powers. An administrative notice is the most likely scenario before any financial sanction.
A often overlooked point concerns the responsibility of the publication director. The publication director is personally responsible for the content of the site. If this information is missing from the legal notices, it becomes difficult to establish the chain of responsibility in case of a dispute, which can backfire on the publisher themselves.
Digital Accessibility and Legal Notices: A Distinct Obligation to Anticipate
The European Directive 2019/882 on the accessibility of products and services (European Accessibility Act) imposes new requirements on companies providing online services. E-commerce shops are directly targeted, with the exception of micro-enterprises providing services.
This compliance is not limited to the legal notice page. Affected companies must explain how their service meets accessibility requirements, in their general terms of sale or an equivalent document. The legal notice page can refer to this accessibility statement, but the accessibility statement constitutes a standalone document, distinct from the legal notices.
Confusing the two obligations is a structuring error that complicates compliance. The legal notices identify the publisher and the host. The accessibility statement describes the level of compliance of the site with applicable standards.
Personal Data and Cookies: What Falls Under Legal Notices and What Does Not
Information regarding the processing of personal data and the management of cookies often ends up in a catch-all section in the legal notices. This approach is counterproductive from a legal standpoint.
The GDPR requires a separate privacy policy detailing the purposes of collection, the legal basis for processing, the recipients of the data, the retention period, and the rights of the individuals concerned. Integrating all this into the legal notice page produces an unreadable document that does not properly fulfill either the identification function (LCEN) or the information function regarding data (GDPR).
- The legal notice page covers the identification of the publisher, the host, the publication director, and information related to regulated activities.
- The privacy policy addresses the GDPR: purposes, legal bases, retention periods, transfers outside the EU, access and deletion rights.
- The cookie policy details the cookies placed, their purposes, their lifespan, and the terms of consent or refusal.
Three distinct documents ensure readable and verifiable compliance. Grouping them into a single page creates the illusion of compliance while making each obligation more difficult to control for the competent authorities.
Updating these pages deserves a regular schedule. A change of host, a modification of the legal form, the addition of a new payment or storage provider: each technical or legal evolution of the site may require a revision. Treating the legal notices as a living document, revised at least once a year, remains the most reliable method to avoid discrepancies between the reality of the site and what is displayed.
