Law Nr. 2004-575: Confidence in the Digital Economy Act (LCEN)

Regulation Summary

Timeline

June 21, 2004 – LCEN signed into law.
August 9, 2004 – Law came into effect.
February 2009 – French Ministry of Economy issued guidance on required website disclosures.
March 2024 – CNIL reinforces checks on online legal notices as part of digital transparency campaigns.

What Businesses Are Affected

Any person or entity publishing a website in France.
Applies to professional (commercial) publishers, including businesses, e-commerce sites, and regulated professionals.
Also applies to non-French businesses targeting French users.

Exemptions

Private individuals publishing under a pseudonym (with host retaining identifying info).
Personal, non-commercial blogs.
Press publishers have slightly different obligations due to media protections.

Responsibilities for Businesses

Provide users with clear and accessible information identifying the website publisher.
Display accurate and up-to-date information.
Respond to official information requests from authorities.
Retain identifying information in case of third-party content hosting.

Specific Responsibilities for Website Owners

Professional websites must display:

Business name or individual’s full name.
Legal form and share capital (for companies).
Address of the registered office or place of business.
Contact information, including email and phone.
RCS (company registration) number and city of registration.
VAT number if subject to VAT.
Name of publication director and editor.
Hosting provider name, address, and contact info.
For regulated professions: reference to applicable rules and authority.

Additional Requirements

Legal notices must be easily accessible on the site.
E-commerce businesses must also display terms of sale, delivery, and right of withdrawal.
Hosting providers must retain identifying data of content contributors.
All websites must cooperate with legal authorities when requested.

Individual Rights

Right to know who operates a website they interact with.
Right to report illegal content and receive follow-up.
In certain cases, the right to request removal of harmful or defamatory content.

Enforcement

Oversight by: ARCOM (for audiovisual) and the CNIL (for data protection).
Non-compliance with legal notice requirements may result in fines up to €75,000 for individuals and €375,000 for companies.
Additional sanctions possible for obstruction or repeated violations.