We are often asked about the legal notices to be included on a website. It is important to differentiate between mandatory legal notices, those that may be useful to include, and other documents that may appear on the site.
In accordance with LCEN, each website must include a minimum amount of information in order to allow visitors to identify those responsible for the content published on it. This is particularly important because the content of the site can sometimes harm a third party, who must be able to have recourse.
The legal notices must include the legal information of the company that publishes the site: company name, legal form, head office, SIRET, means of contact (telephone, email), VAT number if applicable. If it is an individual, his name, first name and address must appear.
A publication manager must also be systematically appointed.
Legal information relating to the host must also appear there: name, head office, SIRET.
Any information relating to a regulated activity should also be included. For example, lawyers must include their bar association and their hat. A doctor, broker or chartered accountant must do the same with equivalents for their own profession.
The legal notice page should be easily accessible by visitors, generally via a link at the bottom of the page.
It is also necessary, if data is collected, to inform visitors of the declaration number made to the CNIL. In this case, they should also be informed of how the data is collected, hosted, and secured, and of its purpose.
In addition, if cookies are used on the site, and in order to comply with European legislation on personal data, it will be necessary to display a cookie acceptance banner on the home page during the first visit to the website. Users should also be informed that they have the right to object, rectify and access the data collected, with a contact address.
The absence of one of these mentions is punishable by one year's imprisonment and a fine of €75,000 for natural persons or €375,000 for legal persons.
It is common to see mentions relating to intellectual property appear on the legal notices page. These do not have a real legal impact but nevertheless allow for the beginning of proof of ownership in the event of counterfeiting by a third party. However, its value remains very low and it is important to protect copyright And of mark by other means.
Do not neglect your GTC, if your website makes a platform available to its users or sells products.
These documents will provide the terms of sale, payment and use of your website. In addition, in the event of sale or services to consumers (B2C), specific consumer law terms must be included (withdrawal, mediation, etc.). In this case, we invite you to contact us.
These documents will also complete your legal information.
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