What information can a visitor legally require from a business website, and, more importantly, what practical differences are there between the obligations of an individual and those of a company? The French Law on Confidence in the Digital Economy (LCEN) of 21 June 2004 establishes a common set of legal notices for every website accessible to the public in France. Their content varies according to the legal status, the activity carried out and the nature of the transactions offered.
Mandatory legal notices: comparing individuals and legal entities
The LCEN clearly distinguishes between the requirements for a website publisher who is a sole trader and one that is a company. The table below summarises the main differences.
| Required information | Individual (micro-enterprise, sole proprietorship) | Legal entity (SARL, SAS, SA, etc.) |
|---|---|---|
| Identity | First and last name | Company name, legal form, share capital |
| Address | Home address | Registered office address |
| Contact details | Email or telephone | Email or telephone |
| Registration | SIREN number | RCS and/or SIREN number |
| VAT | Identification number, if liable for VAT | Identification number, if liable for VAT |
| Publication director | Name of the person responsible | Name of the person responsible |
| Hosting provider | Name or company name, address, telephone | Name or company name, address, telephone |
The most noticeable difference concerns identity: a company must display its legal form and share capital, whereas a sole trader only needs to provide their first and last name along with the designation “EI”. An e-commerce website, regardless of its legal status, must also include its terms and conditions of sale and the contact details of its consumer mediator.
For a practical example of a page that meets these requirements, Tous Éco’s legal information illustrates the structure used by an online business.
Penalties and real risks of missing or incomplete legal notices
Missing legal notices are not just an administrative oversight. The LCEN provides for criminal penalties that vary according to the type of publisher.
- For an individual: one year in prison and a fine of 75,000 euros for failing to meet identification requirements.
- For a legal entity: the fine can reach 375,000 euros, five times the amount applicable to individuals.
- An e-commerce website that omits its consumer mediator’s contact details may face additional penalties under the French Consumer Code.
Beyond the criminal penalties, a website without legal notices loses credibility with visitors and business partners. Advertising platforms and some domain name registrars check that these notices are present before approving a partnership.
Regulated activities: additional requirements
Professionals carrying out activities that require authorisation (pharmacies, licensed premises serving alcohol, legal professions) must also provide the name and address of the authority that issued the authorisation. An online store selling products subject to specific regulations cannot rely on the LCEN’s standard requirements alone.
Intellectual property and personal data: two commonly overlooked areas
Legal notices are not limited to identifying the website publisher. Two other sections of information are often missing from pages reviewed during website audits.
The first concerns intellectual property. Every image, illustration or photograph used on the website must include a copyright notice. Text reproduced from a third party requires either the author’s permission or a source citation. A website that uses visuals without identifying their origin may face claims from the rights holder.
The second section concerns the collection of personal data. Whenever a contact form, customer account or cookie is used, the website must inform users of the identity of the data controller, the purpose of the collection, the retention period and their rights (access, rectification and erasure). In France, the CNIL is the competent supervisory authority for these matters.
Reviewing legal notices after a change of director, address or hosting provider
Publishing accurate legal notices when a website launches is not enough. Any change to the company’s structure requires the relevant page to be updated. A change of director means the publication director’s name must be changed. Moving the registered office makes the displayed address outdated. Switching hosting providers invalidates the published technical contact details.
Periodic review process
There is no legal requirement to follow a formal review schedule, but a structured check reduces the risk of displaying outdated information.
- Compare the published notices with the Kbis extract or SIRENE record whenever a legal change occurs (general meeting, amendment to the articles of association, relocation).
- Check the hosting provider’s contact details after any technical migration, including a simple change of plan with the same provider if it affects the company name or service address.
- Check the validity of the intra-Community VAT number using the European Commission’s VIES service, particularly after a change in tax status.
- Review the information about the consumer mediator: the appointed mediator’s term may expire without the online retailer receiving an automatic notification.
Auditing the legal notices page takes just a few minutes. Systematically comparing it with the company’s official documents (Kbis extract, hosting contract, VAT certificate) remains the only reliable way to ensure ongoing compliance.
The legal notices page serves as a public record of the online business. Its value lies not in how it was initially written, but in its being updated whenever an event changes the publisher’s identity or structure. A website whose legal notices reflect its current legal status protects both its operator and its visitors.
