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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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"99902"},{"post_id":"99903"},{"post_id":"99904"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

FRANCE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.89%
Coverage rate of zero-tariffs on ICT goods (%)
81.53%
Coverage: ICT goods

FRANCE

Reported in 2023, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ban on TikTok, Netflix, Instagram and X
In March 2023, France banned the use of TikTok and other "recreational" applications - including Twitter (X), Instagram, and Netflix - on government employees' phones due to concerns over insufficient data security measures. The French government stated that these apps posed cybersecurity risks and could potentially compromise sensitive government data. This decision aligned France with other Western nations implementing similar restrictions on the Chinese-owned platform.
Coverage TikTok, Netflix, Instagram and X

FRANCE

Since March 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Certification framework for cloud service providers (SecNumCloud) - Version 3.2
It is reported that the “sovereignty requirements” under the certification framework for cloud service providers (SecNumCloud) disadvantage—and effectively preclude—foreign cloud firms from providing services to government agencies. The latest SecNumCloud guidance retains foreign ownership and board limits, which would effectively force foreign firms to set up a local joint venture to be certified under SecNumCloud as “trusted” and thus able to manage European data and digital services. These new provisions are in addition to their current use as a de facto discriminatory barrier, as France has not certified firms from other EU member states and from outside the EU.
Since 2016, only four companies, all French, have been certified (3DS Outscale (a subsidiary of Dassault Systemes), OVHcloud, Oodrive, and Worldline Cloud services). It is mandatory for public agencies to use SecNumCloud-certified services. Art. 19.6 of the SecNumCloud requires that cloud service providers be “immune to non-EU laws” established via corporate ownership structure limitations. Specifically, the law specifies that individual shareholders outside the EU cannot possess more than 25% of the company and collectively 39% of the value and voting rights of the company. They also cannot have veto rights, nor can they nominate a majority of members of boards. Together, all of these requirements essentially preclude the majority of foreign-owned and run cloud firms from SecNumCloud certification.
Coverage Cloud services

FRANCE

Since March 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Certification framework for cloud service providers (SecNumCloud) - Version 3.2
Under Section 19.6.a of the Certification framework for cloud service providers (SecNumCloud) requirements repository, the registered office, central administration or main establishment of the service provider must be established within a member state of the European Union. France's Policy on the Security of Information Systems of the State states that if certificates are available, certified products or services are to be preferred, effectively putting non-EU providers at a disadvantage.
Coverage Cloud services

FRANCE

Since March 2004, last amended in February 2014
Since November 2018, last amended in May 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement Code (Code de la commande publique)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In France, the Directive has been transposed with the Public Order Code (CCP), which contains the provisions governing public order contracts, following a distinction between public contracts and concessions.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

FRANCE

Since July 2015
Since November 2018, last amended in May 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree 2015-899 on Public Procurement

Public Procurement Code (Code de la commande publique)
The Public Procurement Code, Chapter 3, Section 1, stipulates that French public authorities shall guarantee equivalent treatment to economic operators and works, supplies and services from States that are signatories to the WTO Government Procurement Act and economic operators from EU Member States. In other cases, authorities may introduce criteria or restrictions in the tender documents based on the origin of the goods or services.
Coverage Horizontal

FRANCE

Reported in 2018, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in France, especially for foreign bidders, including with respect to overly narrow definitions of tenders, and implicit biases in favor of local vendors and state-owned enterprises.
Coverage Horizontal

FRANCE

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
With a few exceptions in specific sectors not relevant to digital trade, there are no statutory limits on foreign ownership of companies. Foreign entities have the right to establish and own business enterprises and engage in all forms of remunerative activities.
Coverage Horizontal

FINLAND

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Finland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

FINLAND

Since June 2014
Since September 1978, last amended in January 2005

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Finnish Consumer Protection Act 2005 (Kuluttajansuojalaki 20.1.1978/38)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Finnish Consumer Protection Act 2005.
Coverage Horizontal

FINLAND

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
Finland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

FINLAND

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Finland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

FINLAND

Since March 2010, entry into force in May 2010, last amended in 2018
Since February 2014, as amended in December 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Electronic Communications Services Act (917/2014) (Laki sähköisen viestinnän palveluista (917/2014))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Finland, the EU Directive was transposed into domestic law through the amendment of the Act on Electronic Communication Services of December 2020 (Law No. 1207/2020 on Amending the Electronic Communications Services Act). According to Art. 209 of the Act, subscription programme service providers must reserve at least 30% of their programme list for European works and ensure the visibility of these works within the list. This obligation does not apply to subscription programme service providers with a small turnover or audience, or in cases where compliance would be practically impossible or unjustified. Furthermore, Finland has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service

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