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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

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

FINLAND

Since February 2014, last amended in December 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
Act on Electronic Communications Services 917/2014 (Laki sähköisen viestinnän palveluista 917/2014)
The Act on Electronic Communications Services implements the EU toolbox on securing the security and protection of critical parts of the communications network. The Act gives the Finnish government powers to deem certain telecommunications components and equipment a threat to national security and exclude them from the Finnish network. While the Act does not explicitly name Huawei or ZTE, as other EU member states have, it is likely that components from these telecommunications providers will face heightened scrutiny or possible bans.
Coverage Telecommunications sector

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 Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Finnish Transport and Communications Agency (FICORA), 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

FINLAND

Since April 2019
Since January 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Act on the Secondary Use of Health and Social Data (552/2019) (Laki sosiaali- ja terveystietojen toissijaisesta käytöstä (552/2019))

Regulation 1/2022 by the Finnish Social and Health Data Permit Authority Findata: Requirements for other service providers’ secure operating environments (Määräys 1/2022: Muiden palveluntarjoajien tietoturvallisille käyttöympäristöille asetettavat vaatimukset)
The Act on the Secondary Use of Health and Social Data facilitates the use of personal data in social and health activities for secondary purposes, establishing specific conditions regarding the environments in which such data may be analysed. While the Act itself does not impose restrictions on the transfer of personal data, the Social and Health Data Permit Authority has issued Regulation 1/2022, which, in Section 3.1.2 of Annex 1, stipulates that the environment must be physically located within the EU/EEA.
Coverage Health sector

FINLAND

Since April 2016, entry into force in May 2018
Since January 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Data Protection Act (Tietosuojalaki)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Finland implemented the GDPR in 2019 through the Data Protection Act.
Coverage Horizontal

FINLAND

Since May 2006
In April 2014
Since February 2014, last amended in December 2023

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

Electronic Communications Services Act (917/2014) (Laki sähköisen viestinnän palveluista (917/2014))
Under the 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 (ECJ) declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In Finland, data retention laws are still in force, but as of 2021, they are under review. Chapter 19 of the Electronic Communications Services Act authorises the Finnish Ministry of the Interior to request data retention obligations of telecommunications providers. The retention obligations require telecommunications providers to retain traffic and location data for individuals under investigation for certain crimes for a period of 6-12 months, depending on the type of data. It is also true that following the ECJ ruling invaliding the Data Retention Directive, the scope and the application of the Finnish Information Society Code is limited. For instance, it does not include website browsing. Moreover, small operators are not required to retain their data. The data retention period goes from six months to 12 months, according to the category of the data.
Coverage Telecommunication sector

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