Guide to legal notices for a website in 2022
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Guide to legal notices for a website in 2022

In 2022, the internet is more than ever a democratized tool, which makes it easier to use for billions of people. Accessible to the greatest number, the canvas is very difficult to adjust. Thus, sometimes, one would even have the feeling that it is a space almost free in its entirety. However, the authorities have looked into the issue of consumer protection on the web by making website owners responsible for a multitude of aspects.

The trust in autonomy legislation of June 2004 obliges websites to show their identities. This law is part of a logic of promoting the transparency of web players. The aim is to give users the possibility of having information on the sites at all times. This will allow them to contact the owner at any time to obtain additional information or report illegal or inappropriate content.

Identification legal notices

The legal notices make it possible to identify the owner of the site as well as its host. However, the rules vary between professionals and individuals.

For a natural person or an individual entrepreneur, it is necessary to include:

  • Full name
  • Home Address
  • Telephone number and email address
  • Name of the host, its denomination, its address
  • Name of editor

For non-professional websites, the mention of the identity of the owner is not mandatory, he is only forced to disclose the identity of the host. The latter, in the event of litigation, has the obligation to give the identity of the owner of the site to justice.

A company (or legal person), you must display:

  • The corporate name of the company: company name and SIRET number
  • Its legal form
  • The amount of its share capital
  • Head office address
  • RCS number (trade and companies register)

source: service-public.fr

GDPR legal notice

The acronym RGPD stands for "General Data Protection Regulation" (in English "General Data Protection Regulation" or GDPR). The GDPR governs the processing of personal data on the territory of the European Union. It encourages professionals to operate on the basis of the trust of European users.

In the context of the GDPR, the purpose of the processing of the data collected must be explicitly and clearly mentioned. In the case of a website, we can distinguish two very distinct types of collection:

  • Cookies and tracers that allow profiling of visitors and analysis of visits
  • Forms (landing pages, contact or subscription to a newsletter for example)
  • GDPR is a European initiative

It is permitted to process personal data when the processing is based on one of the 6 conditions mentioned in Article 6 of the GDPR:

  • The person has consented to the processing of their data
  • Processing is necessary for the performance of a contract with the data subject
  • Processing is required by legal texts
  • Processing is necessary for the performance of a task in the public interest
  • The processing is necessary for the pursuit of legitimate interests of the body processing the data or of a third party, in strict compliance with the rights and interests of the persons whose data are processed
  • Processing is necessary to safeguard the vital interests of the data subject, or of a third party

source: CNIL

Legal notice regarding the use of cookies

A cookie is a tracer used to analyze the behavior of Internet users, such as their browsing, their consumption habits, their movements, etc.

If you use cookies on your website, you must inform Internet users of the purpose of cookies and obtain their consent.

The National Commission for Computing and Liberties (CNIL) lists the cookies concerned by this obligation. These include:

  • Cookies related to personalized or non-personalized advertising operations
  • Cookies related to sharing features on social networks

The CNIL considers that for compliance with the GDPR, the following actions must be taken by companies:

  • Keeping a register of company data processing
  • The company should collect only essential data
  • The website must inform the consumer before any data collection
  • Security measures must be taken to minimize the risk of exposure of personal data held by the site

By not respecting these rules, the manager risks a fine of up to €300 and 000 years in prison.

Legal notices related to the GCS

With regard to commercial practice, article L111-1 of the consumer code obliges sellers to indicate the general conditions of sale. Their purpose is to define a contractual framework between the seller and the customer. Thus, all clauses must be indicated:

  • Essential characteristics of the good or service
  • Price and its components, if applicable, or price calculation elements
  • Delivery time
  • Legal guarantees of conformity and hidden defects
  • Modalities for exercising the right of withdrawal if applicable
  • Means of recourse available to the consumer in the event of a dispute

How to integrate them into the website?

To write the legal notices of your site, several options are available:

The online legal notice generator

This is the fastest and least expensive way, just enter the required information and the platform does the rest of the work. However, it is strongly advised to check by hand if the writing is impeccable, it is not impossible to find errors.

Ex: Orson.io, Subdelirium, etc.

Write them yourself

This choice is longer, but it allows you to have a good eye on the writing. Just follow the mandatory information, step by step. By doing this, you are sure not to forget anything and to adapt the content perfectly to your site. There are many models available on the internet.

Do it with a jurist or a lawyer

We are here on the expensive alternative, however the reliability is optimal. It is more than advisable to turn to a lawyer or a legal advice if it is a large site with high traffic, which will therefore be very exposed.

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