Do you want to create a website and do not know where to start to write the mandatory mention of your website? You are in the right place.

Legal notices, General Conditions of Use (CGU), General Conditions of Sale (CGV), Privacy Policy, Cookie Management … Writing the compulsory mentions of a website can quickly become a headache.

To enter the necessary legal information and be legally, here is a summary of the mandatory mentions that your website must contain.

Mandatory mentions concerning your identity

The law for confidence in the digital economy defines several obligations that website owners must respect, starting with information on their identity.

The modalities vary depending on whether it is a natural person (particular) or a legal person (company):

Legal notices for a natural person

Here is the information that must be contained in the legal notices if the website editor is a natural person:

  • Identify : First and last name
  • Contact details : Home address, email address, telephone number

Legal notices for a legal person

Here is the information that must be contained in the legal notices if the website editor is a natural person:

  • Identify : Corporate reason
  • Contact details : Address of the establishment or registered office, e-mail address, telephone number
  • Business information : Legal form, amount of share capital, name and address of the authority having issued the authorization to exercise

The other legal notices according to nature your activity

For companies, additional legal notices must be provided. They vary depending on the case:

  • E-commerce sites : you must include the General conditions of sale.
  • Commercial activities : The registration number in the Trade and Companies Register (RCS) is required, as well as the individual tax identification number.
  • Craft activities : The registration number in the trades directory (RM) is necessary.
  • Information sites : The name of the director of the publication must appear (or that of the manager of the editorial staff), as well as the contact details of the site host.

General conditions of use

The general conditions of use (CGU) make it possible to define the rules of use of your website by its visitors.

They serve as a contract between the editor of the site and its users. CGUs are not one of the compulsory mentions of a website. However, they are highly recommended to prevent possible abuse or disputes. Here are the items you can include in your CGU:

  • Identification of the publisher : Mention the information relating to the publisher of the site (name, corporate reason, contact details).
  • Objective : Specify the CGU objective and the scope of their application.
  • Access to the site : Indicate access methods and restrictions (for example, age restrictions or content reserved for a specific audience).
  • Intellectual property : Define the intellectual property rights linked to the content published on the site (texts, images, videos, etc.) and specify whether or not users can reproduce them.
  • Responsibilities : Explain the responsibilities of the publisher in the event of malfunctions, errors or interruptions, as well as those of users concerning their behavior on the site.
  • Use of personal data : Indicate the practices of collecting, processing and storing personal data, possibly referring to your privacy policy.
  • Dispute resolution : Provide the terms of dispute settlement (for example, recourse to mediation or the competent court).
  • CGU changes : Mention the possibility of modifying the CGUs and the information methods of users.

General conditions of sale

The General Conditions of Sale (CGV) are part of the compulsory information for any site offering services or products for sale. They aim to inform customers about the rules applicable to transactions and to prevent possible disputes. The general conditions of sale must be accepted by customers who place order. They serve as a real contract between the site and its customers, which is why it is extremely important to properly write the GTC.

Here is the information that your GTC must contain:

  • Identification of the seller : Name or social reason, address, telephone number, email address, RCS or RM number, and if necessary, the intra -community VAT number.
  • Products or services offered : Clear and precise description of products or services, in particular their essential characteristics.
  • Price : Detail the prices including tax, additional costs (delivery costs, for example) and the terms of establishing prices.
  • Payment terms : Specify the means of payment accepted, payment deadlines and possibly the consequences of a delay or non-payment.
  • Delivery : Indicate delivery times, terms, covered geographic areas and conditions in the event of delay or absence of delivery.
  • Right of withdrawal : Inform consumers about their right of withdrawal (generally 14 days in Europe), exceptions to this right and terms to exercise it.
  • Legal warranty : Mention the applicable legal guarantees (compliance guarantee and guarantee of hidden defects) and any commercial guarantees offered.
  • Responsibilities : Specify the seller's responsibilities in the event of a defective failure or product.
  • Disputes : Mention the competent jurisdictions and the mediation options available to customers in the event of a dispute.
  • Modification of GTC : Inform about the possibility of modifying the GTC and the terms of acceptance by customers.

Privacy policy and cookie management

Cookies are tracking tools that collect information on visitors to a site and analyze their behavior and habits.
Users of your site must be informed of the use of cookies
These tracers can have variable functions and objectives, which is why The CNIL defines 3 main types of cookies for which it is compulsory toobtain the consent of visitors ::

  • Cookies linked to advertising;
  • Social media tracers (generated by sharing buttons), when they collect personal data;
  • Some audience measurement cookies.

Legal notices for these types of trackers must take the form ofa headband appearing on the page and informing the user:

  • Purposes and objectives of cookies;
  • The possibility of refusing their use (using a link entitled “Learn more and configure cookies”);
  • Because that by continuing his navigation, he agrees to the use of cookies.

For other types of tracers, especially those which are essential for the operation of the website, visitor's consent is not compulsory. This is for example the case of cookies:

  • Session identification;
  • Purchase basket for e-commerce sites;
  • Customization of the user interface (choice of language or presentation) …

Declaration obligations to the CNIL

It was once necessary to declare its website to the National Commission for Data Protection, but this is no longer the case today.
However, if you collect personal data on your visitors (especially using cookies) and you bring it together in a file (for example a customer-prospects file), the latter must be declared to the CNIL.

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