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 harbor. 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.

Under 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 purpose without a court order. 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.

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 harbor. 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.

Under Art. L34-1 of the Postal and Electronic Communications Code, telecommunication service providers have to keep personal data like the name and address of consumers for simple law enforcement purposes, as well as users' payment information and other information. For the purpose of fighting grave crime, as well as national security and public security threats, providers can be obliged to keep data on the source and destination of communications as well as data on the devices used. In cases where there is a grave threat to national security, currently or in the immediate future, the Prime Minister can enjoin providers to keep other data, including location data.

Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
France implemented the Directive with Decree no. 2006-358 Relating to the conservation of electronic communication data. In 2021, the Conseil d'Etat upheld the law despite the CJEU ruling, arguing that it remained compatible as it was necessary to safeguard national security.

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.

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.

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

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.

It is reported that the French State owns 23.04% of Orange SA's share capital. Orange it is a major player in the French telecommunications market and is one of the largest telecommunications operators in the world.

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 has the obligation to 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.

France has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

The rate of unlicensed software installation in France was reportedly 32% in 2017 (above the 26% rate of Western European countries), for an estimated commercial value of unlicensed software of USD 2,101 million. Yet, the Authority for the regulation of audiovisual and digital communication that is responsible for digital copyright enforcement, as a successor to HADOPI, implements a graduated response system that is generally described as efficient.

France has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.