GERMANY
Since March 2004, as amended in February 2014
Since February 2016
Since April 2016
Since February 2016
Since April 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Modernisation of Public Procurement Law (Gesetz zur Modernisierung des Vergaberechts)
Regulation on the modernisation of public procurement Law (Verordnung zur Modernisierung des Vergaberechts)
Modernisation of Public Procurement Law (Gesetz zur Modernisierung des Vergaberechts)
Regulation on the modernisation of public procurement Law (Verordnung zur Modernisierung des Vergaberechts)
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 2016, the Directive has been transposed with the Law on the Modernisation of Public Procurement, as well with the Regulation on the modernisation of public procurement law.
In 2016, the Directive has been transposed with the Law on the Modernisation of Public Procurement, as well with the Regulation on the modernisation of public procurement law.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://www.bmwk.de/Redaktion/DE/Artikel/Service/vergaberechtsmodernisierungsgesetz.html#:~:text=Das%20neue%20Gesetz%20verpflichtet%20Unternehmen,Tarifvertr%C3%A4gen%20und%20den%20gesetzlichen%20Minde...
- https://www.bmwk.de/Redaktion/DE/Downloads/V/verordnung-zur-modernisierung-des-vergaberechts.html
- Show more...
GERMANY
Since April 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
"No Spy Decree" of the Federal Ministry of the Interior
Under the so-called "No Spy Decree", companies processing confidential and classified information for public authorities must guarantee that they can ensure the confidentiality of this information and that they are not legally required to disclose it to third parties. There are exceptions to these standards for companies supplying information to German tax administration and law enforcement, but not for other countries' agencies, which was criticised by foreign companies which are legally required to surrender information under certain conditions. The ministry can terminate contracts on account of any violation.
Coverage Horizontal
FRANCE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 2017
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 June 2014
Since June 2004, last amended in June 2020
Since June 2004, last amended in June 2020
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law no. 2004-575 of June 21, 2004 on confidence in the digital economy
Law no. 2004-575 of June 21, 2004 on confidence in the digital economy
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.
Coverage Horizontal
FRANCE
N/A
Pillar Online sales and transactions |
Sub-pillar 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 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Postal and electronic communications code
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 1950
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
General Taxation Code
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 fulfill reporting obligations, is required to have a taxable representative established in France accredited to the tax office.
Coverage Horizontal
FRANCE
Since 2021
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Policy on the Security of Information Systems of the State, together with ANSSI Manual for Cloud Service Providers (SecNumCloud)
Under the Policy on the Security of Information Systems of the State, only providers which 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 August 2019
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Product screening and additional testing requirements
Act 2019-810 aiming to preserve the interests of defence and national security in the framework of exploiting mobile radioelectric networks
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 confidentiality of the messages transmitted. Fourth generation networks and older generations are exempted.
Coverage Network equipment
FRANCE
Since March 2010, entry into force in May 2010, last amended in 2018
Since June 2021
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
Decree 2021-793 on on-demand audiovisual services
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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
According to Art. 14 Decree 2021-793 on on-demand audiovisual services, providers of audio-visual streaming services active in the French market have to invest 25% of their annual turnover in France into European or French-language productions if they show at least one cinematic work that has been released to theatres in the previous 12 months; in all other cases, the contribution is lowered to 20%. Details can be fixed in an agreement with the Superior Audiovisual Council.
According to Art. 14 Decree 2021-793 on on-demand audiovisual services, providers of audio-visual streaming services active in the French market have to invest 25% of their annual turnover in France into European or French-language productions if they show at least one cinematic work that has been released to theatres in the previous 12 months; in all other cases, the contribution is lowered to 20%. Details can be fixed in an agreement with the Superior Audiovisual Council.
Coverage On-demand audiovisual service
FRANCE
Since October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Act No. 2014-1104 on taxis and transport cars with drivers
The Act No. 2014-1104 on taxis and transport cars with drivers bans ride-sharing apps and other digital services that put consumers in contact with unlicensed drivers, including companies like Uber and Lyft. A complaint has been brought against the regulation in front of the European Court of Justice.
Coverage Ride-sharing services
FRANCE
Since 2015
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Code of Internal Security
According to Article L851-3, telecommunication providers can be required to automatically analyse connection data in their networks to detect terrorist threats.
Coverage Telecommunications sector
FRANCE
N/A
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that France imposes 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 Horizontal
FRANCE
Since 2018
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Act 2018-1202 related to the fight against the manipulation of 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