The legal basis for identification mentions has changed. Since May 2024, the SREN law has shifted the identification obligations of the publisher to the first article-1 of law n° 2004-575, created by law n° 2024-449 of May 21, 2024. Any legal notice template still referring to the old article 6-III of the LCEN is legally obsolete. This shift, rarely mentioned in online guides, invalidates a significant portion of automatically generated templates.
SREN Law and Article 1-1: the new reference point for legal notices
Most legal notice generators and templates provided by web agencies continue to cite article 6-III of the LCEN as the legal basis. This reference has become inaccurate. The SREN law has recodified the identification obligations of the publisher, which implies a formal update of the legal notice page of each site.
We recommend prioritizing the verification of the displayed legislative reference. A compliance audit or DGCCRF check can uncover this type of error, even if the informative content remains otherwise complete. Citing a repealed article undermines the evidentiary value of the page in the event of a dispute.
Specifically, the information to be provided remains similar to what existed before: name or corporate name, address, email, phone number, registration number with the RCS, identity of the host. The difference lies in the textual basis, not in the scope of the data. But in law, the cited legal basis is as important as the content itself. A site that displays, about Bordel de Nerd net, its legal notices referring to the correct legislative article demonstrates active legal monitoring.
DGCCRF Checks on E-commerce Sites: What Audits Reveal
Economic authorities are intensifying their checks on online commerce sites, with a high rate of anomalies. Legal notices are among the first elements checked, even before the general terms of sale.
The most common error does not concern the total absence of notices, but their incomplete nature. Three gaps consistently arise:
- The identity of the host is absent or reduced to a simple trade name without address or phone number, whereas the law requires the full corporate name
- The VAT identification number is missing on sites subject to this obligation, particularly those selling to professionals
- The mention “individual entrepreneur” or the initials “EI” are not present next to the name and surname for individual entrepreneurs, including micro-entrepreneurs
On an e-commerce site, the legal notices must also include specific information: return conditions, identity of the publication manager, and if applicable, the name and address of the authority that granted permission for regulated activities.
GDPR Compliance and Mentions on Personal Data: Beyond the Cookie Banner
The cookie banner does not replace the privacy policy, and the privacy policy does not substitute for the legal notices. These three elements serve distinct legal functions, but we find that they are often confused or wrongly merged.
The legal notices must specify the identity of the data controller. The privacy policy details the purposes of collection, the legal basis for processing, the recipients of the data, and the rights of users (access, rectification, deletion, portability). The CNIL has imposed several sanctions through its simplified procedure against sites whose consent management was deficient.
Cookie Consent: Common Technical Errors
A banner that does not allow refusal with a single click, or that pre-checks categories of cookies that are not strictly necessary, constitutes non-compliance. Consent must be free, specific, and informed for each processing purpose.
Tracking scripts loaded before any interaction with the banner also pose a problem. A technical audit of the site (checking network requests at initial loading) can detect this type of shortcoming. The user must be able to navigate without accepting optional cookies, without functional degradation of the site.
Structuring Your Legal Notice Page: Hierarchy and Accessibility
The law requires that the notices be easily accessible from all pages of the site. In practice, a link in the footer is sufficient, provided it is visible and clearly labeled. “Legal Notices” remains the most reliable title for SEO and user understanding.
We observe a trend to group legal notices, general terms of sale, and privacy policy on the same page, sometimes in an accordion. This approach is not prohibited, but it complicates reading and may obscure mandatory information if the accordion is closed by default. A dedicated page for each legal document remains preferable for compliance and readability.
Regulated Activities: Additional Mentions Not to Forget
Professions subject to authorization (pharmacy, beverage sales, wealth management consulting, for example) must mention the name and address of the authority granting this authorization. Sites of regulated professions must also indicate the reference to applicable professional rules and the professional title, the member state in which it was granted, as well as the name of the order or professional organization with which the individual is registered.
The omission of these sector-specific mentions constitutes a distinct offense from the absence of general legal notices. Sanctions can accumulate.
Failure to comply with legal notice obligations exposes one to a fine of up to one year of imprisonment and a fine for individuals. For legal entities, the amounts are quintupled. These sanctions are rarely applied in their full severity, but the DGCCRF increasingly uses compliance injunctions as a pressure lever, with short deadlines.
Compliance with legal notices is not a one-time exercise. Every change in status, host, publication manager, or legislative basis requires immediate updating. An annual audit of the page, coupled with monitoring of regulatory developments such as the SREN law, remains the most reliable method to avoid sanctions that do not provide warnings.
