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IP Lexicon

Legal information

The legal notices refer to information that must be included on websites in application of the law n° 2004-575 of June 21, 2004 for confidence in the digital economy.

Thus, any company that publishes a website must include on it:

  • Its name or company name ;
  • Her phone number;
  • If applicable, the registration number in the Trade and Companies Register or in the Trade Register as well as the amount of its share capital and the address of its registered office;
  • The name of the director or co-director of the publication and, if applicable, the name of the editor; 
  • The name, company name, address and telephone number of the website host.

The legal notice must be distinguished from the privacy policy, if any, which presents the processing of personal data carried out in connection with the website concerned, as well as the rights of the persons concerned with respect to such data.

They must also be distinguished from any general terms and conditions of sale in the context of a website offering products or services for sale.

Unlike the general conditions of sale which must be provided to the consumer, the legal notices must only be made available to the Internet user. Their availability does not require a positive action of the website editor who can only make them available on his website.

The absence of legal notices on a website can be punished by a criminal penalty, which can go up to one year of imprisonment and a fine of up to 75,000 euros for individuals, or a fine of up to 375,000 euros for legal entities.

Point of legislation

“The persons whose activity is to publish a service of communication to the public on line put at the disposal of the public, in an open standard :

a) In the case of natural persons, their full name, address and telephone number and, if they are subject to formalities for registration in the Trade and Companies Register or the Trades Register, their registration number;
b) In the case of legal entities, their name or company name and registered office, their telephone number and, in the case of companies subject to formalities for registration in the Trade and Companies Register or the Trades Register, their registration number, their share capital and the address of their registered office;
c) The name of the director or co-director of the publication and, if applicable, that of the person in charge of the editorial staff within the meaning of article 93-2 of the aforementioned law n° 82-652 of July 29, 1982;
(d) The name, style, or business name and address and telephone number of the provider referred to in 2 of I.”

Article 6. III of the law n° 2004-575

Point of jurisprudence

“The director of the publication of a service of communication to the public online provided by a legal person is, by right, the legal representative or, in the case of an association, the statutory representative of the latter, despite any indication to the contrary appearing on the internal site claiming to satisfy the obligation to make available to the public in an open standard the identity of the director of the publication instituted by Article 6 III. of the law of June 21, 2004 for confidence in the digital economy.”

Cour de cassation, January 22, 2019, No. 18-81.779

The Bouchara Law firm assists you in particular in :

  • The drafting of your legal notices;
  • The drafting of your B to C and B to B terms and conditions;
  • The drafting and negotiation of your special conditions of sale;
  • The compliance of your organization with the GDPR, especially your e-commerce platforms;
  • The drafting of data protection policies (privacy policy, computer charter…).