Parental control of Internet access equipment in France: new regulatory clarifications
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France
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Senior Associate
France
As a senior associate in our Paris IT, commercial and dispute resolution teams, and a member of the Paris Bar, I advise our clients on both contentious and non-contentious matters.
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On 11 July 2023, two French decrees were issued to clarify the application of the law of 2 March 2022 aimed at reinforcing parental control on Internet access equipment, which required from manufacturers of terminal equipment to provide users with an easily accessible and understandable parental control device:
1. Clarification of the obligations of manufacturers and the powers of investigation and sanction of the French Agency for Frequencies:
- Parental control devices must, as a minimum, enable the blocking of the downloading of content made available by software application shops or access to pre-installed content to which access is prohibited for minors. Activation of the device must be offered when the device is first put into service.
- Manufacturers must draw up technical documentation and a declaration of conformity for each type of terminal equipment. They must also provide users with a certain amount of information, in particular the features and functionalities offered by the parental control device installed on their equipment as well as an associated explanatory leaflet.
- As part of its inspections, the French Agency may take samples of equipment. In the event of non-compliance, it may take various measures against the economic operator concerned (e.g., prohibiting the equipment from being made available on the market, or recalling it).
- New obligations are imposed on distributors, importers and fulfilment service providers for the marketing of parental control devices on terminal equipment.
2. Amendment of existing law on electronic communications (article 6, LCEN):
- This article states that online public communication providers must inform subscribers of the technical means to block or restrict access to certain services, without additional cost.
- It is now specified that these technical means and minimum functionalities must make it possible to block or restrict access to content likely to harm the physical, mental or moral development of minors.
These provisions are part of a general approach to protecting minors in France on the Internet. See in particular (i) the recent law of 8 July 2023 introducing a digital age of majority at 15, at which minors no longer need their parents' consent to register on a social network, and (ii) the lawsuits currently before the Paris judicial court seeking to block certain pornographic sites for failing to prevent access to minors as required by law.
Sources:
Décret n° 2023-588 du 11 juillet 2023 pris pour l'application de l'article 1er de la loi n° 2022-300 du 2 mars 2022 visant à renforcer le contrôle parental sur les moyens d'accès à internet (JO du 13/07/2023)
Décret n° 2023-589 du 11 juillet 2023 portant application de l'article 6 de la loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique (JO du 13/07/2023)
Loi n° 2022-300 du 2 mars 2022 visant à renforcer le contrôle parental sur les moyens d'accès à internet (JO du 3/03/2022)
