The legal notices of a website are not just a copy-paste of a template found online. French legal framework distinguishes several categories of information based on the status of the publisher, the type of site, and the nature of the data collected. Comparing these obligations allows us to measure what separates a showcase site from an e-commerce site and to identify the risk gaps in case of non-compliance.
Mandatory legal notices: comparison between individuals and legal entities
The law for confidence in the digital economy (LCEN) of June 21, 2004, imposes identification notices whose content varies depending on whether the site publisher is an individual or a legal entity. The table below summarizes the differences.
| Required Information | Individual (EI, micro-enterprise) | Legal entity (company) |
|---|---|---|
| Identity | First name, last name, mention “individual entrepreneur” or initials EI | Company name, legal form, amount of share capital |
| Address | Home address | Registered office address |
| Contact details | Email and phone | Email and phone |
| Registration number | RCS or RNE | RCS or RNE |
| VAT number | Yes, if subject to VAT | Yes |
| Website host | Name, address, phone of the host | Name, address, phone of the host |
| Regulated activity | Name and address of the authority that issued the authorization | Name and address of the authority that issued the authorization |
The main difference concerns identity: an individual entrepreneur publishes their first and last name, while a company displays its company name and capital. The contact details of the host, on the other hand, are identical in both cases and are often forgotten during the online publication.
To observe the practical implementation of these obligations on a real site, the legal notices of the U Games site illustrate the expected structure for a legal entity with a clearly identified host.
Sanctions for non-compliance with legal notices: what the law provides
Failure to comply with legal notice obligations exposes one to two distinct sanction regimes. The LCEN provides for specific fines. The consumer code, after its rewrite, qualifies certain breaches as misleading commercial practices by omission.
Fines provided by the LCEN
The amounts differ depending on the publisher’s status. For an individual, the fine can reach 75,000 euros. For a company, it can go up to 375,000 euros, along with a penalty of up to one year in prison.
Qualification as misleading commercial practice
Since the rewrite of the consumer code, the absence of certain mentions on an online public communication service can be requalified as misleading commercial practice by omission. The penalties provided in this context are heavier: up to 2 years in prison and 300,000 euros in fines, increased to 5 years and 750,000 euros when the offense is committed online.
The fine can also be calculated at 10% of the average annual turnover of the last three financial years.
This dual regime means that the same breach can be prosecuted on two different legal bases. The trend observed since 2025 is towards stricter controls, particularly for commercial sites.
Personal data and cookies: specific mentions not to be confused with legal notices
A common confusion is mixing legal notices, privacy policy, and cookie banner. These three elements respond to distinct obligations.
- Legal notices identify the publisher and the host of the site. They fall under the LCEN.
- The privacy policy details the purposes of collecting personal data, the legal basis for processing, the recipients of the data, and the rights of users. It derives from the GDPR.
- The cookie banner informs the user about the trackers placed and collects their consent before any deposit not strictly necessary for the operation of the site.
Grouping these three elements on a single page is technically possible, but it harms readability and complicates updates. An e-commerce site adds another layer: the general terms and conditions of sale (GTCS), which fall under consumer law and not the LCEN.
Showcase site, e-commerce site, and blog: the differences in obligations
The volume of required mentions directly depends on the nature of the site. A personal blog without commercial activity must display the contact details of the publisher and the host but does not have to publish GTCS or a return policy.
An e-commerce site, on the other hand, accumulates obligations:
- Complete legal notices (identity, host, VAT number)
- General terms and conditions of sale accessible before order confirmation
- Information on the right of withdrawal and return procedures
- Privacy policy compliant with GDPR
- Mentions relating to intellectual property for visual and textual content
For regulated activities (pharmacy, beverage sales, liberal professions subject to an order), it is necessary to add references to the authority that issued the authorization to operate and, where applicable, the applicable professional rules.
Intellectual property: a mention often overlooked
Images, illustrations, and photographs published on a site must include an intellectual property mention. For texts borrowed from third parties, the author’s permission or citation of the source is required. This obligation applies to all types of sites, including non-commercial blogs.
The drafting of legal notices should be treated as a real compliance exercise, not just an administrative formality. A site with incomplete notices exposes itself not only to significant financial penalties but also to a loss of trust from users who increasingly verify the identity of the publisher before any purchase or contact.
