Database

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FRANCE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
France 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

FRANCE

Since March 2012, last amended in July 2021

Pillar Intermediary liability  |  Sub-pillar 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

Since March 2010, entry into force in May 2010, last amended in 2018
Since June 2021

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

Decree 2021-793 on On-Demand Audiovisual Services (Décret No. 2021-793 du 22 juin 2021 relatif aux services de médias audiovisuels à la demande)
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 France, the EU Directive was transposed into domestic law through Decree 2021-793 on On-Demand Audiovisual Services. According to Art. 28 of the Decree, service providers must reserve a minimum share of the total number of feature-length cinematographic and audiovisual works made available to the public, specifically at least 60% for European works and 40% for original French-language works.
Furthermore, under Art. 14 of the Decree, providers of audiovisual streaming services operating in the French market are required to invest 25% of their annual turnover in France into European or French-language productions if they exhibit at least one cinematic work that has been released in theatres within the previous 12 months. In all other cases, the investment requirement is reduced to 20%. The specific details of this investment can be established in an agreement with the Superior Audiovisual Council.
Coverage On-demand audiovisual service

FRANCE

Since August 2019

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
Act 2019-810 on Preserving the Interests of Defence and National Security in the Framework of Exploiting Mobile Radioelectric Networks (Loi No. 2019-810 du 1er août 2019 visant à préserver les intérêts de la défense et de la sécurité nationale de la France dans le cadre de l'exploitation des réseaux radioélectriques mobiles)
Under the "Act aiming to preserve the interests of defence and national security in the framework of exploiting mobile radioelectric networks", any components used to connect consumers with mobile telecommunications networks are subject to prior approval by the Prime Minister, whose decision is based on the permanence, integrity, security and the availability of networks, as well as the confidentiality of the messages transmitted. Fourth-generation networks and older generations are exempted.
Coverage Network equipment

FRANCE

Since March 2022

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar 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 March 2012, last amended in July 2021

Pillar Domestic data policies  |  Sub-pillar 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

Pillar Intermediary liability  |  Sub-pillar 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)
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.
Coverage Horizontal

FRANCE

Since July 2000
Since June 2004

Pillar Intermediary liability  |  Sub-pillar 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)
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.
Coverage Horizontal

FRANCE

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar 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

FRANCE

Since September 2018

Pillar Intermediary liability  |  Sub-pillar 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 February 1952, last amended in June 2009

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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 May 2021

Pillar Cross-border data policies  |  Sub-pillar 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  |  Sub-pillar 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

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