Although the legal notices are compulsory, we do not always know what to put exactly. They are nonetheless essential to a website and require that we take a closer look at this content. Responsible for publication, hosting, CNIL…: small writing guide for legal notices …
Legal notices, kezako?
The legal notices are information concerning a website whether the publisher is a natural or legal person, and whether it is a personal or professional site. They were made mandatory by the law for confidence in the digital economy (LCEN) of June 2004. Their objective is to guarantee transparency to Internet users by giving them the name (s) of the editors of any website. .
But beyond the legislative aspect, the legal notices are also a security for Internet users because you give them a certain transparency and establish a climate of trust. You can also take advantage of the legal notices to protect yourself by adding to the compulsory notices a paragraph on copyright and intellectual property right protection.
If the legal notices are compulsory, there are therefore risks if they are not clearly present on your site. If they are forgotten you can face up to one year in prison and a € 75,000 fine. So take a few minutes to write this mandatory page.
What should the legal notices include?
For a natural person (blog for example)
- First and last name ;
- Address and telephone number;
- Registration number in the commercial register (RCS) or in the trade directory, if applicable.
For individuals who still want to remain anonymous, there is a possibility. You must then give the exact coordinates of your host who will be obliged to give the publisher information in legal proceedings.
For a legal person (company, association, etc.)
- Denomination or company name ;
- Registered Address ;
- Telephone number;
- Publication director ;
- Share capital;
- Registration number in the Trade and Companies Register (RCS) or in the trades directory;
- Site hosting: name, company name, address, telephone number.
An e-commerce site is subject to other special mentions:
- General conditions of sale with the withdrawal and complaint period;
- The average delivery time;
- Refund conditions.
Other information possible, but not required
Always for the sake of transparency, you can completely add other paragraphs to your legal notice such as the software used, the service providers (web agency, advertising agency, photographer, etc.), respect for image rights, accessibility, etc. .
Also be aware that the publication director (s) are responsible for all content on the site, including comments, hence the interest in moderating them. If you regularly use hypertext links in your content, consider adding a paragraph of disclaimer of the content present on these linked sites.
Declaration to the CNIL
If you collect information, process and file personal data then you must declare your site to the CNIL. Once you have obtained your declaration number, do not forget to mention it in your legal notice. To learn more about the declaration to the CNIL I invite you to read the following article “Do I have to declare my site to the CNIL? And if yes, how ? ”
If you want to take an example, you can go to the legal notices of CWT Advertising & co’m but keep in mind that your legal notices must be specific to your site and cannot be copied / pasted from another site.