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 ordinary letter, a recommendation reminding the subscriber of the provisions of article L. 336-3, enjoining the subscriber to comply with the obligation defined therein and warning of the penalties incurred pursuant to articles L. 335-7 and L. 335-7-1. This recommendation also contains information for the subscriber on the legal offer of online cultural content, on the existence of security measures to prevent breaches of the obligation defined in article L. 336-3 and on the dangers for the renewal of artistic creation and for the economy of the cultural sector of practices that do not respect copyright and related rights.
If facts likely to constitute a breach of the obligation defined in Article L. 336-3 are repeated within six months of the recommendation referred to in the first paragraph being sent, the authority may send a new recommendation containing the same information as the previous one by electronic means under the conditions set out in the first paragraph. This recommendation must be accompanied by a letter delivered against signature or by any other means capable of establishing proof of the date of presentation of this recommendation.
Recommendations sent on the basis of this article shall mention the date and time on which the facts likely to constitute a breach of the obligation defined in article L. 336-3 were noted. They shall not specify the content of the protected works or objects concerned by this breach. They shall indicate the postal and electronic contact details where the addressee may, if he or she so wishes, send observations to the authority.