FRANCE
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
France has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
FRANCE
Since 2017
Pillar Online sales and transactions |
Indicator 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
N/A
Pillar Online sales and transactions |
Indicator 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 February 1952, last amended in November 2021
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
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 April 1950, last amended in December 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
General Taxation Code (Code général des impôts)
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 fulfil reporting obligations is required to have a taxable representative established in France accredited to the tax office.
Coverage Horizontal
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
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 |
Indicator 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)
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.
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
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20221018161226/https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043688681
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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FRANCE
Since August 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator 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 |
Indicator 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 May 2021
Pillar Cross-border data policies |
Indicator 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 |
Indicator 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
FRANCE
Since April 2016, entry into force in May 2018
Since January 1978, as amended in June 2018
Since January 1978, as amended in June 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (Loi No. 78-17 du 6 janvier 1978 Relative à l'informatique, aux fichiers et aux libertés)
Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (Loi No. 78-17 du 6 janvier 1978 Relative à l'informatique, aux fichiers et aux libertés)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties was amended in June 2018 to implement the GDPR.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250128195041/https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- https://web.archive.org/web/20250128210200/https://www.cnil.fr/fr/la-loi-informatique-et-libertes
- https://web.archive.org/web/20250128210215/https://www.dataguidance.com/sites/default/files/france_data_protection_act.pdf
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FRANCE
Since May 2006
In April 2014
Since March 2006
In April 2014
Since March 2006
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Decree No. 2006-358 Relating to the conservation of electronic communication data (Décret No.2006-358 du 24 mars 2006 Relatif à la conservation des données des communications électroniques)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Decree No. 2006-358 Relating to the conservation of electronic communication data (Décret No.2006-358 du 24 mars 2006 Relatif à la conservation des données des communications électroniques)
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 that 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.
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.
Coverage Electronic Communications
Sources
- https://web.archive.org/web/20240301135044/https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000637071/
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20240301135044/https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000637071/
- https://web.archive.org/web/20201204232551/https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000031239603/
- https://web.archive.org/web/20231121111625/https://www.legifrance.gouv.fr/loda/id/JORFTEXT000031601177/
- https://web.archive.org/web/20210423090116/https://www.dataguidance.com/news/france-conseil-detat-rules-telecoms-data-retention
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FRANCE
Since February 1952, last amended in November 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
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.
Coverage Telecommunications sector
FRANCE
Since March 2012, last amended in July 2021
Pillar Domestic data policies |
Indicator 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
