Paragraph 1: Recommendations sent to subscribers

To be admissible, referrals sent to the Autorité de régulation de la communication audiovisuelle et numérique by duly constituted professional defence bodies, collective management bodies and the Centre national du cinéma et de l’image animée or bailiff’s reports drawn up at the request of a right-holder under the conditions provided for in Article L. 331-19 must include: 1° The personal data and information mentioned in 1° of the appendix to…

The reports drawn up by the sworn and approved agents mentioned in Article L. 331-19 may be drawn up in electronic form. In this case, a secure electronic signature is used under the conditions provided for by Article 1367 of the Civil Code and Decree No. 2017-1416 of 28 September 2017 on electronic signatures.

The electronic communications operators mentioned in Article L. 34-1 of the French Post and Electronic Communications Code are required to communicate, by interconnection to the automated processing of personal data mentioned in Article L. 331-23 or by using a recording medium that ensures their integrity and security, the personal data and information mentioned in 2° of the appendix to Decree no. 2010-236 of 5 March 2010 within eight days of…

I. – The identifiable and specific additional costs borne by the operators mentioned in the previous article in order to provide the Autorité de Régulation de la Communication Audiovisuelle et Numérique with the data kept pursuant to 1° of II bis of Article L. 34-1 of the French Post and Electronic Communications Code shall be the subject of financial compensation paid by this authority. II. – The compensation referred to…

A contravention of the provisions of article R. 331-8 is punishable by the fine laid down for fifth-class contraventions. A repeat offence for the contraventions laid down in this article is punishable in accordance with articles 132-11 and 132-15 of the Penal Code.

Any request or observation sent to the member of the Autorité de régulation de la communication audiovisuelle et numérique designated pursuant to IV of Article 4 of Law No. 86-1067 of 30 September 1986 on freedom of communication by the addressee of a recommendation referred to in the first or second paragraph of Article L. 331-20 shall be investigated only if it includes the file number given in that recommendation….

When, within a period of one year following presentation of the recommendation referred to in the first paragraph of article L. 335-7-1, the member of the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) designated pursuant to IV of article 4 of law no. 86-1067 of 30 September 1986 on freedom of communication is informed of new facts likely to constitute gross negligence…

A record of the hearing of the person concerned shall be drawn up by the member of the Autorité de régulation de la communication audiovisuelle et numérique designated pursuant to IV of article 4 of law no. 86-1067 of 30 September 1986 relating to freedom of communication or by an agent authorised and sworn pursuant to article R. 331-2. The record shall be signed by the person concerned and by…

The decision of the member of the Autorité de régulation de la communication audiovisuelle et numérique designated pursuant to IV of article 4 of law no. 86-1067 of 30 September 1986 relating to freedom of communication finding that the facts are likely to constitute the offence provided for in article R. 335-5 or the offences provided for in articles L. 335-2, L. 335-3 and L. 335-4, to which are attached,…

The public prosecutor shall inform the member of the Autorité de régulation de la communication audiovisuelle et numérique designated pursuant to IV of Article 4 of Law no. 86-1067 of 30 September 1986 on freedom of communication of the action taken on the procedure transmitted.