Bill to secure and regulate the French digital space

16/05/2023

Bill to secure and regulate the French digital space

Intended to strengthen the protection of adult and underage Internet users but also of companies in the data market, this bill was introduced on May 10, 2023.

Firstly, it provides for adaptation of French law to the provisions of the European regulations adopted in this area in 2022 (Digital Services Act, Digital Markets Act and Data Governance Act), and anticipates certain provisions currently under discussion as part of the new draft regulation on data (Data Act). 

Among the additional measures proposed, the following can be highlighted:

  •   the introduction of a cybersecurity filter to prevent fraudulent access to personal or bank details;
  •   the attribution of a normative power and a power of intervention to the French Audio-visual and Digital Communication Regulatory Authority (ARCOM) concerning checks on minors' access to pornographic content;
  •   the possibility of temporarily suspending an account on an online platform service for the perpetrators of certain offences, including cyber-harassment and apology for acts of terrorism;
  •   the facilitation of interoperability between different cloud computing services and the financial penalties that can be imposed by the French agency in charge of regulating telecommunications, postal services and print media distribution (ARCEP); and
  •   the fight against foreign interference and online disinformation.

In addition, the government plans to create a supervisory authority at the French Supreme Courts (Cour de Cassation and Conseil d’Etat) for the processing of personal data by the judicial and administrative courts.

Finally, the government will be empowered to take measures by ordinance to supervise, regulate and control games incorporating monetisable digital objects (games incorporating technologies such as blockchain and NFT). On this point, in its opinion issued on 27 April, the Conseil d’Etat considers that in this case “the provisions relating to the definition of the category of “games with monetisable digital objects” cannot be retained”.