Paragraph 1: Recommendations sent to subscribers

The Autorité de régulation de la communication audiovisuelle et numérique acts on referral from sworn agents approved under the conditions defined in Article L. 331-2 who are appointed by: – regularly constituted professional defence organisations; – collective management organisations; – the Centre national du cinéma et de l’image animée. The authority may also act on the basis of information forwarded to it by the public prosecutor or on the basis…

When facts likely to constitute a breach of the obligation defined in article L. 336-3 are brought to its attention, the Autorité de régulation de la communication audiovisuelle et numérique may send the subscriber, under its stamp and on its behalf, by electronic means and via the person whose activity is to offer access to online public communication services who has entered into a contract with the subscriber or by…

Persons whose activity is to offer access to online public communication services shall include, in the contracts concluded with their subscribers, a clear and legible reference to the provisions of Article L. 336-3 and the measures that may be taken by the Autorité de Régulation de la Communication Audiovisuelle et Numérique. They shall also include, in the contracts concluded with their subscribers, the criminal and civil penalties incurred in the…

The Autorité de Régulation de la Communication Audiovisuelle et Numérique may keep the technical data made available to it for as long as is necessary to exercise the powers conferred on it by this paragraph. The person whose activity is to offer access to online public communication services is required to inform the authority of the date on which it began the suspension; the authority shall proceed to delete the…

Authorisation is granted for the creation, by the Autorité de Régulation de la Communication Audiovisuelle et Numérique, of automated processing of personal data relating to persons who are the subject of proceedings under this paragraph. The purpose of this processing is for the authority to implement the measures provided for in this paragraph, all related procedural acts and the procedures for informing professional defence bodies and collective management bodies of…

A decree in the Council of State shall specify the conditions of application of this paragraph.