In France, for a website, all professional websites must include mandatory legal notices. These requirements vary according to the business activity and the status of the entrepreneur. Legal notices for a website: how to write them and what are your obligations? This is what interests us in this content, because legal notices are not only compulsory, but also require careful drafting to avoid penalties.

To find out everything you need to know about legal notices and website obligations, follow the guide!

Why do you need to include legal notices on your website?

To boost your visibility, for effective effective digital communicationA professional website is essential, but it has to be designed properly.

In France, the legislator has established a framework for the legal notices to be included on a website, via various laws relating to information technology, files and freedoms, as well as confidence in the digital economy. Legal notices on a website: drafting guide and obligations? The General Data Protection Regulation, RGPD of May 25, 2018 also supports the obligation to publish legal notices on a website, it also puts an end to the CNIL declaration procedure that was de rigueur beforehand.

At European level, it's also a legal framework.

On the other hand, mentioning legal notices on a website conveys more confidence to the visitor. For e-commerce, this observation makes perfect sense, as Internet users like to be sure of the reliability of merchant sites. Whatever the

What are the legal requirements for all websites in France?

Depending on the company's status, website legal notices vary.

Sole proprietorship :

When the activity is in the form of a sole proprietorship or micro-business, you need to mention the identification of the professional, the processing of personal data and the general terms and conditions of sale where applicable. This is summarized as follows:

• Identification of the person responsible for the site: Surname, first name, address and indication of sole trader or initials EI if this is the status.
• RCS (Registre du Commerce et des Sociétés) registration number.
• E-mail address and telephone number for contact.
• VAT identification number, if any.
• Identity of site host: Name or company name, address and telephone number. In the case of regulated activities subject to authorization: name and address of the authority that issued the authorization.

Other legal forms :

For other forms of legal status, i.e. SAS, SARL and others, here are the compulsory legal notices:

• Company identity: corporate name, legal form, registered office address and amount of share capital.
• RCS (Registre du Commerce et des Sociétés) registration number or Siren number.
• E-mail address and telephone number for contact.
• VAT identification number.
• Identity of site host: name or company name, address and telephone number.
• For regulated activities subject to authorization: name and address of the authority that issued the authorization.

For all professionals :

• Identity and full contact details of the person (DPO ) or entity responsible for the processing of personal data.
• The purpose of processing personal data, which explains why the data is used.
• Legal framework for data processing: For example, a contact form; compliance with a legal framework for storing banking data; performance of a contract to subscribe to an offer, etc.
• Consequences of data collection: which data is mandatory for the service to function, and which is not.
• Recipient of personal data: who will receive it and in what form.
• Retention period for personal data.
• Rights linked to personal data: refuse collection, access, rectify and delete data.
• Inform you about the possibility of lodging a complaint with Cnil (Commission nationale de l'informatique et des libertés).
• E-commerce sites, Cnil declaration number (no longer mandatory for other sites since 2018).
• If personal data is transferred to a country outside the European Union, Internet users must be informed of this in the legal notice.

Sales and service sites :

For sites selling products or services, General Sales Conditions (GSC) are mandatory. For B2B sales, they are optional, but must be supplied when requested.

For sales to private individuals, the mandatory information is :

• Essential characteristics of products and/or services.
• Prices must be shown inclusive of all taxes.
• Charges, delivery times and delivery methods.
• For contracts, details of performance conditions.
• Payment methods and penalties for late payment.
• Right of withdrawal:
  Cancellation and return policy.
• Legal warranty of conformity covering manufacturing defects or hidden faults.
• After-sales service: how to contact us and any costs involved (premium rate line, for example).
• Contract duration, contractual obligations and termination conditions.
• Details of guarantees to be provided when requested.
• If a code of conduct exists, it should also be mentioned.
• Dispute settlement procedures: designate a competent court and mention the possibility of calling on a mediator.

Where should legal notices appear on a website?

Legal notices must be easily accessible and available to all Internet users surfing the website. Most of the time, the website will devote a dedicated page to all the mandatory information concerning it.

If it's a link to the legal notices, it's generally placed in the footer of all the pages on the site. When designing a websiteWhen designing a website, it's essential to know where the legal notices will be placed and how visitors will access them.

What penalties apply if legal notices are not displayed?

If the legal notices are not displayed on the website, this failure may result in sanctions: namely

• Failure to provide information enabling the owner or person responsible to be identified is punishable by one year's imprisonment and a €75,000 fine.
• Failure to provide information on the processing of personal data is punishable by a fine of €1,500.
• Computer processing of data collected without consent is punishable by a €300,000 fine.
• General terms and conditions of sale must be displayed on online stores, and failure to comply with this information obligation is punishable by a €3,000 fine.
• For sales between professionals, refusal to communicate the terms and conditions of sale is punishable by a €75,000 fine.

FAQs

What legal notices must be included on a website?

Additional compulsory information depending on your activity: name of the publication director, name of the editor if applicable, contact details of the site host.

Why are legal notices important?

The French law on confidence in the digital economy specifies the information you need to include on your website. You need to include a legal notice page, which must include information on site hosting (even if the site is hosted free of charge).

Where should the legal notices be displayed on the site?

Legal information is the information that enables Internet users to identify you. Legal notices are mandatory on all business websites, and must be easily accessible. They can be included in your general terms and conditions of sale (GTCS) or on a dedicated page.

Can I use a generic template for my legal notices?

In general, the legal disclaimer must stipulate the company's identity: surname, first name and address, RCS registration number, e-mail address and contact telephone number, VAT identification number.

Conclusion

As you can see, when you're designing a website, you need to plan where and how you're going to place the compulsory legal notices. In addition, you can find examples of how to write legal notices on the web, so you can choose the model that suits your entrepreneurial status and your business. The most important thing is to ensure that your legal notices are clearly and/or prominently displayed on your website. Your digital strategy can now begin with complete peace of mind!