Question about French LCEN law and GitHub Pages anonymity #210486
Replies: 2 comments 1 reply
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No, GitHub does not provide a procedure or official support channel for this. As a US entity, GitHub does not maintain a statutory registry for French publishers under the LCEN (Act n° 2004-575, updated under Article 1-1, II by the 2024 SREN law; previously Article 6-III-2). If you open a ticket with GitHub Support requesting to file your civil identity for LCEN compliance, it will either be deflected by automated support or closed with a note that GitHub does not collect or certify personal identification for local publisher registries. Here is how non-professional publishers in France handle this in practice when hosting on GitHub Pages, along with the legal nuance to keep in mind: 1. The Standard Practice on GitHub PagesFrench non-professional publishers relying on the anonymity exception typically include a Mentions légales page with:
2. How GitHub Handles IdentificationUnder GitHub’s Guidelines for Legal Requests of User Data, GitHub retains technical logs (account registration email, IP access logs, commit timestamps). If French judicial authorities require the identity behind a repository, they must follow mutual legal assistance procedures (such as MLAT or rogatory letters). 3. The Legal CaveatBecause a free GitHub account does not verify your legal civil name or home address, GitHub cannot provide civil identification details it does not possess.
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Hi @lukas-dev-02-51, I couldn’t find any GitHub documentation describing a dedicated procedure for the French LCEN provision, so I can’t point you to an official form for it. Here is what I’d suggest.
Only GitHub can say what it holds and how it treats this. Open a ticket at support.github.com/contact and ask: Whether GitHub, as the hosting provider for GitHub Pages, considers the identifying details already on your account (name, email, billing information if any) sufficient for the LCEN identification requirement for non-professional publishers. Keep the written reply, because it’s your evidence that you’ve complied.
The anonymity right depends on the hosting provider holding true identification details for you. Check that the name and email in your GitHub account settings are accurate and current.
The provision allowing anonymity for non-professional publishers is commonly cited as Article 6, III-2 of the LCEN, which differs from the “Article 1-1, II” in your question. The law has been amended in recent years, so verify the current numbering and wording on Légifrance.
Many non-professional publishers add a short mentions légales page that names the hosting provider and states that the publisher is non-professional and has given their details to that provider. If you do this, use the hosting provider’s current legal name and address as listed in GitHub’s own documentation, not a copy from another site.
I’m not a lawyer, and I can’t confirm whether GitHub’s standard account data satisfies the French requirement. A French lawyer, or the CNIL for the data-protection side, can tell you for certain. Hope this helps! If it does, please mark it as the answer. |
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Hello,
I am based in France and I am preparing a personal, non-commercial website hosted on GitHub Pages.
I would like to comply with Article 1-1, II of the French LCEN law, which allows non-professional website publishers to remain publicly anonymous if they provide their required identification details to their hosting provider.
Does GitHub provide a procedure for this? If so, could you please direct me to the appropriate official support channel?
Thank you.
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