Database

Browse Database

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

FRANCE

Since December 2019, as amended in December 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Decree 2019-1590 on Foreign Investment in France, Modifying the Monetary and Finance Code (Décret No. 2019-1590 du 31 décembre 2019 relatif aux investissements étrangers en France)
Decree 2019-1590 on foreign investments in France, which amends the French Monetary and Financial Code (FFIR) and was last revised by Decree No. 2023-1293, establishes a screening procedure for foreign acquisitions of French companies. An investment transaction is subject to the FFIR if certain cumulative criteria are met, such as the percentage of ownership and the sector involved. Specifically, this procedure applies when a foreign entity is part of the ownership chain, and the investor (i) acquires control, (ii) acquires all or part of a line of business, or (iii) exceeds the threshold of 10% of the voting shares, reduced from the original 25% by Decree No. 2020-892 and permanently amended by Decree No. 2023-1293 if the investor's home state is not part of the EU. The investment must also be in critical sectors, including information systems security, cryptography, surveillance, digital security audits, gambling (excluding casinos), telecommunications networks, and media (Art. R151-3).
When applying the procedure, the Ministry of Economy considers factors such as the permanence of the activities on French territory, the potential to maintain related know-how in France, the governance structure of the resulting company, and information-sharing arrangements (Art. R151-8). The Ministry has the authority to refuse the transaction or impose certain conditions. For example, in 2020, the acquisition of the French photonic sensor manufacturer Photonis by the American company Teledyne was blocked.
Coverage Critical sectors

FRANCE

Since February 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
France is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

FRANCE

Since May 2001
Since July 1992, last amended in May 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Intellectual Property Code (Code de la propriété intellectuelle)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. L122-5 of the French Intellectual Property Code establishes far-reaching copyright exemptions, including private reproductions, analyses and critiques, parodies, and pedagogical uses.
Coverage Horizontal

FRANCE

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and France have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

FRANCE

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and France have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

FRANCE

Since June 2016
Since August 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Act 2018-670 on the Protection of Trade Secrets (Loi No. 2018-670 Relative à la protection du secret des affaire)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. France transposed the Directive through a series of amendments to existing legislation in 2018, as well as with Act 2018-670 on the Protection of Trade Secrets. This act introduces comprehensive protective mechanisms for trade secrets, which are considered effective by practitioners.
Coverage Horizontal

FRANCE

Since February 1952, last amended in June 2009
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Postal and Electronic Communications Code, passive infrastructure sharing is mandated in France (Art. 47-49). The operators of networks open to the public can occupy the public road domain by setting up works there insofar as this occupation is not incompatible with its assignment. In addition, co-location is not required but is strongly encouraged by the Postal and Electronic Communications Code. Passive access to optical local loops is regulated by the Autorité de Régulation des Communications Électroniques, des Postes et de la Distribution de la Presse (Arcep) in a symmetrical manner. On copper, an asymmetric regulation applies to Orange on passive and active access.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Horizontal

FRANCE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the French State owns 23.04% of Orange SA's share capital. Orange is a major player in the French telecommunications market and is one of the largest telecommunications operators in the world.
Coverage Telecommunications sector

FRANCE

Since February 1952, last amended in June 2009

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
France mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Functional separation is mandated for operators with significant market power, according to Art. L38-2 and Art. R9-5 of the Postal and Electronic Communications Code. Accounting separation is mandated only in some cases: it may be considered for operators declared by the Authority to be dominant on the market when ex-ante regulation has not ensured effective competition and significant competition or market failure problems remain
Coverage Telecommunications sector

FRANCE

Since February 1952, last amended in November 2021

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
Art. L42-1 of the Postal and Electronic Communications Code provides that the Autorité de Régulation des Communications Électroniques, des Postes et de la Distribution de la Presse (ARCEP, Electronic Communications, Postal and Print Media Distribution Regulatory Authority) shall allocate authorisations for the use of radio frequencies under objective, transparent and non-discriminatory conditions, taking into account the objectives set out in Art. L. 32-1, in particular, regional planning needs and the objective of protecting the environment. These authorisations may be refused by the ARCEP for one of the following reasons: safeguarding public order, national defence or public security; the exercise of effective and fair competition for the benefit of users; the proper use of frequencies; the applicant's technical or financial inability to sustainably meet the obligations arising from the conditions under which it carries out its activity; the applicant has been sentenced to one of the penalties mentioned in Arts. L. 36-11, L. 39, L. 39-1, L. 39-1-1 and L. 39-4.
Coverage Telecommunications sector

FRANCE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Postal and Print media distribution Regulatory Authority (ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

FRANCE

Since March 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Cloud computing service providers (SecNumCloud) - requirements framework, Version 3.2 of 8 March 2022 (Prestataires de services d’informatique en nuage (SecNumCloud) - référentiel d’exigences, Version 3.2 du 8 mars 2022)
Section 19.2 of the SecNumCloud standards stipulates that cloud computing service providers that want to offer services to government agencies and commercial entities considered “critical” are required to store and process the data of the "sponsor", defined as the entity utilising the services of the cloud provider, exclusively within the European Union. In addition, the administration and oversight of the service must be conducted from within the European Union. The service provider must also ensure that all technical data, including the identities of beneficiaries and administrators of the technical infrastructure, data processed by the Software Defined Network, technical infrastructure logs, directories, certificates, and access configurations, is stored and processed within the European Union.
Coverage Critical entities in public and private sector

Report issue     Report new measure