FRANCE
Since March 2022
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Certification Framework for Cloud Service Providers (SecNumCloud) - Version 3.2 (Prestataires de services d’informatique en nuage (SecNumCloud) référentiel d’exigences Version 3.2)
Under the Certification framework for cloud service providers, only providers who are certified under the SecNumCloud standard have access to public procurement tenders for cloud services. The SecNumCloud standard requires providers to use root certificates emitted by the certification authority of an EU Member State in the presence of the provider.
Coverage Cloud services
FRANCE
Since February 1952, last amended in November 2021
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
According to Art. 45-3 of the Postal and electronic communications code, ".fr" domains can only be registered by physical persons residing in the territory of an EU member state or legal persons established there.
Coverage Horizontal
FRANCE
Since April 1950, last amended in December 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
General Taxation Code (Code général des impôts)
According to Art. 289A of the General Taxation Code, a person not established in the European Union who is liable for the value-added tax or must fulfil reporting obligations is required to have a taxable representative established in France accredited to the tax office.
Coverage Horizontal
FRANCE
Since June 2014
Since June 2004, last amended in June 2020
Since June 2004, last amended in June 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi No. 2004-575 du 21 juin 2004 pour la Confiance dans l'Économie Numérique)
Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi No. 2004-575 du 21 juin 2004 pour la Confiance dans l'Économie Numérique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.
Coverage Horizontal
FRANCE
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
France has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
FRANCE
Since 2017
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
France has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
FRANCE
Since March 2012, last amended in July 2021
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Internal Security Code (Code de la Sécurité Intérieure)
According to Art. L851-1 of the Internal Security Code, the Prime Minister can authorise the collection of connection data and other technical data for law enforcement purposes without a court order. Furthermore, under Art. L851-2, in exceptional cases, real-time online surveillance of individuals connected to a terror suspect can be authorised. The maximum number of authorisations for this is determined by the Prime Minister.
Coverage Telecommunications sector
FRANCE
Since July 2000
Since June 2004
Since June 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 2004-575 of 21 June 2004 - Law to Promote Confidence in the Digital Economy (Loi pour la confiance dans l'économie numérique)
Law No. 2004-575 of 21 June 2004 - Law to Promote Confidence in the Digital Economy (Loi pour la confiance dans l'économie numérique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The E-Commerce Directive was transposed into French law by Law No. 2004-575 of 21 June 2004. According to this law, the hosting provider is liable for the stored contents only if (i) he was actually aware of the illicit character of the content or if (ii) he did not delete the illicit content or did not forbid access to such content promptly after becoming aware of its illicit character.
The E-Commerce Directive was transposed into French law by Law No. 2004-575 of 21 June 2004. According to this law, the hosting provider is liable for the stored contents only if (i) he was actually aware of the illicit character of the content or if (ii) he did not delete the illicit content or did not forbid access to such content promptly after becoming aware of its illicit character.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212003540/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220326035117/https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000801164/
- https://web.archive.org/web/20231001092018/https://www.lexology.com/library/detail.aspx?g=75ee5536-1b93-43df-81cd-408f9235ac43
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FRANCE
Since July 2000
Since June 2004
Since June 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 2004-575 of 21 June 2004 - Law to Promote Confidence in the Digital Economy (Loi pour la confiance dans l'économie numérique)
Law No. 2004-575 of 21 June 2004 - Law to Promote Confidence in the Digital Economy (Loi pour la confiance dans l'économie numérique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The E-Commerce Directive was transposed into French law by Law No. 2004-575 of 21 June 2004. According to this law, the hosting provider is liable for the stored contents only if (i) he was actually aware of the illicit character of the content or if (ii) he did not delete the illicit content or did not forbid access to such content promptly after becoming aware of its illicit character.
The E-Commerce Directive was transposed into French law by Law No. 2004-575 of 21 June 2004. According to this law, the hosting provider is liable for the stored contents only if (i) he was actually aware of the illicit character of the content or if (ii) he did not delete the illicit content or did not forbid access to such content promptly after becoming aware of its illicit character.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212003540/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220326035117/https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000801164/
- https://web.archive.org/web/20231001092018/https://www.lexology.com/library/detail.aspx?g=75ee5536-1b93-43df-81cd-408f9235ac43
- Show more...
FRANCE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that France imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
FRANCE
Since September 2018
Pillar Intermediary liability |
Indicator Monitoring requirement
Act 2018-1202 on the Fight Against the Manipulation of Information (Loi No. 2018-1202 du 22 décembre 2018 relative à la lutte contre la manipulation de l'information)
Under Art. 11 of the Act related to the fight against the manipulation of information, platform operators have to implement measures to fight against the spread of false information that may disrupt public order or affect general elections. To this end, they have to provide a complaint mechanism and are invited to establish complementary voluntary measures such as blocking accounts that massively spread disinformation and increasing transparency over their algorithms and the sources of information.
Coverage Intermediaries
FRANCE
Since March 2012, last amended in July 2021
Pillar Intermediary liability |
Indicator Monitoring requirement
Code of Internal Security (Code de la sécurité intérieure)
According to Art. L851-3, telecommunication providers can be required to automatically analyse connection data in their networks to detect terrorist threats.
Coverage Telecommunications sector
FRANCE
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Ban on TikTok
In May 2024, during a state of emergency, French authorities imposed a temporary suspension of TikTok in New Caledonia, citing risks to public order amid civil unrest. The measure, implemented from 15 to 29 May, was carried out via the territory’s sole internet provider and marked the first instance of France blocking access to a social media platform. The action raised significant concerns regarding compliance with legal standards of necessity and proportionality, particularly given the absence of judicial oversight or formal regulatory procedure.
Coverage TikTok
Sources
- https://web.archive.org/web/20250322203946/https://www.accessnow.org/france-blocks-tiktok-new-caledonia/
- https://www.france24.com/en/france/20240517-why-did-france-block-tiktok-to-quell-unrest-in-new-caledonia
- https://web.archive.org/web/20250416171936/https://www.lemonde.fr/en/pixels/article/2024/05/24/the-tiktok-ban-in-new-caledonia-is-a-first-in-france-that-raises-rule-of-law-questions_6672574_13.html
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FRANCE
Since May 2021
Pillar Cross-border data policies |
Indicator Local storage requirement
Heritage Code (Code du patrimoine)
Under Arts. L-111-1 and L-111-2 of the Heritage Code, public archives that are kept because of scientific interest or ongoing administrative utility are national treasures. As such, they must be stored on French territory, even in electronic form.
Coverage Public archives
FRANCE
Since January 1982, as amended in July 2003, last amended in December 2016
Pillar Cross-border data policies |
Indicator Conditional flow regime
Tax Procedures Handbook (Livre des procédures fiscales)
According to the Art. L102 C of the Tax Procedures Handbook, if invoices are sent in electronic form, taxable persons may not store invoices in a country not linked to France by an agreement providing for mutual assistance or not providing immediate online access rights, downloading and use of the whole of the data concerned. Taxable persons are obliged to declare the place of storage of their invoices and any modification of that place where it is located outside France.
Coverage Horizontal
