Legal notices on the WEB

What are the essential building blocks for creating a website? You tell me a server? Certainly…

But the law has also put its nose in this problem and it is important to know these obligations when a person starts in this sector.

We will see in this article which are the mentions that you are obliged to publish (and at the same time, you will notice that many sites do not respect them however ...)

Chapter 1. For individuals

Let's be simple, let's be efficient: There is no mandatory mention about you directly. Indeed, even if some would like the anonymity of bloggers to be lifted, today it is not necessary to give information about you to its readers.

The only mandatory information concerns your host and are :

  • the name of the host,
  • his name or business name,
  • his address.

These mentions are intended to give third parties (and justice) the opportunity to effectively oppose the publication of information of an illegal nature (racism, pedophilia, ...)

The law for confidence in the digital economy specifies in its article 6 :

Persons who publish on a non-professional basis an online public communication service may only make available to the public, in order to preserve their anonymity, only the name, the name or the corporate name and the address of the provider mentioned in 2 of I , provided that he has communicated to him the personal identification details provided for in 1.

Chapter 2. For professionals

Section 2.1. "Basic" information

The III of theArticle 6 of the law for confidence in the digital economy specifies that the people whose activity is to publish a service of communication to the public (to understand to publish a web site) must make available the following information:

  • For a natural person acting for professional needs:
    • Concerning the professional:
      • the name, the first names,
      • home,
      • a phone number,
      • the RCS number of the company (if it exists),
    • For those who publish:
      • the name of the director / co-director of publication,
      • the name of the publisher,
    • Regarding the host:
      • the name of the host,
      • the name or its name of the host,
      • the address of the host,
      • the phone of the host.
  • For legal persons:
    • Concerning the professional:
      • the name or business name,
      • the place of the head office,
      • a phone number,
      • the RCS number of the company (if it exists),
    • For those who publish:
      • the name of the director / co-director of publication,
      • the name of the publisher,
    • Regarding the host:
      • the name of the host,
      • the name or its name of the host,
      • the address of the host,
      • the phone of the host.

Here is the minimum information you should find on a professional website. Knowing that when the site is a commercial site or if it manipulates personal data, additional information must appear.

Section 2.2. Additional information in case of processing of personal data

TheArticle 32 of the Data Protection Act of 6 January 1978 provides that each user must be informed:

  • On each questionnaire of collection of personal information:
    • The identity of the controller;
    • The purpose of the treatment;
    • Mandatory or optional nature of the answers;
    • Its rights of access, rectification and deletion;
  • At a place on the site:
    • Possible consequences of a failure to answer a questionnaire question;
    • Recipients or categories of recipients of the data;
    • Transfers of personal data envisaged to a non-Member State of the European Community (if these are envisaged).

Section 2.3. Additional information when using cookies

The same article provides that it is necessary to inform each user of the use of Cookies on a site and the means it has to oppose it:

Anyone using electronic communications networks must be clearly and fully informed by the controller or his representative:

  • the purpose of any action tending to access, by electronic transmission, information stored in its terminal connection equipment, or to register, by the same channel, information in its terminal connection equipment;
  • means available to oppose it.

Nevertheless, in a number of cases, the law makes it possible to dispense with these obligations:

These provisions are not applicable if access to the information stored in the terminal equipment of the user or the recording of information in the terminal equipment of the user:

  • the exclusive purpose of enabling or facilitating electronic communication;
  • or is strictly necessary for the provision of an online communication service at the express request of the user.

In view of the complex and fuzzy writing of this article, it is not clear whether user information is necessary. In doubt, inform! It does not cost much ...

For my part I would tend to draw up the following list, but this is only my responsibility:

  • Authentication cookie: Without information
  • Statistics Cookie: Information
  • Cookie used to trace a user between multiple sites: Information
  • Cookie to transmit information between several sites at the request of the user (ex: payment site with a bank): Without information
  • ...

Section 2.4. Additional information in case of commercial site

2.4.1. Merchant Information

TheArticle R123-237 of the Commercial Code specifies that the merchant must include on his "invoices, order notes, prices and advertising documents as well as on all correspondence" (and thus his website) a certain amount of information, in particular:

  • The unique identification number of the company (SIREN number);
  • The notation RCS followed by the name of the city where the registry is located where it is registered.

You will have noted that this information comes in addition to the information requested in the general case.

Contrary to popular belief, it is not necessary to include Individual VAT identification number On merchant websites. Indeed, this obligation seems limited to the invoices issued.

2.4.2. Right of withdrawal and complaint

TheArticle L121-19 of the Consumer Code provides that the consumer is informed, at the latest at the time of delivery, of his right of withdrawal and the means at his disposal to exercise it.

He is also informed of the means available to him to make a complaint.

2.4.3. Deadline of delivery

The Chatel law of January 3, 2008 to modify theArticle L121-20-3 of the Consumer Code by arranging:

The supplier must indicate, before the conclusion of the contract, the deadline by which he undertakes to deliver the goods or to perform the services. Failing this, the supplier is deemed to have to deliver the goods or perform the services as soon as the contract is concluded.

In case of non-compliance with this deadline, the consumer can obtain the resolution of the sale [...]. He is then reimbursed [...].

Chapter 3. Memorandum

I would just like to remind you that there are many mandatory references and the purpose of this article is not to be exhaustive but to give a first view of the subject.

Thank you for your understanding. Thus, if you want to create your website, contact a lawyer who will adapt your site according to your own context.

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