FRANCE Trends and Developments Contributed by: Christophe Ingrain, Paul Mallet, Isaac Arnoud and Arthur Teisseire, Darrois Villey Maillot & Brochier
Darrois Villey Maillot & Brochier 69 Av. Victor Hugo 75116 Paris France
Tel: +33 1 45 02 19 19 Fax: +33 1 45 02 49 59 Email: cingrain@darrois.com Web: www.darrois.com
Judicial scrutiny of digital platforms: encryption, algorithms, and the rise of criminal enforcement The intensification of criminal investigations into major digital platforms illustrates the growing judicial engagement with technological infrastructures once governed primarily by administrative and compliance frameworks. In 2024, the Paris Prosecutor’s Office initiated a crimi - nal inquiry into Telegram’s founder, who launched one of the world’s largest messaging platforms, in particu - lar for alleged insufficient co-operation with French authorities and the alleged lack of moderation of illicit content. This interpretation has raised issues concerning fun - damental rights. Encryption, secrecy of correspond - ence, and the protection of private life are safeguard - ed under French law and Article 8 of the European Convention on Human Rights. Moreover, the principle of technological neutrality implies that service provid - ers should not be held criminally liable for the misuse of technologies that are lawful in themselves. A similar judicial approach emerged in February 2025, when prosecutors opened an investigation into X (formerly Twitter) concerning the function - ing of its content-recommendation algorithms. The inquiry examines whether unauthorised interference with automated data-processing systems may have occurred. Authorities are investigating whether inter - nal adjustments to algorithmic parameters might have influenced the visibility of certain categories of con - tent, including political communications.
Digital Platforms Under Scrutiny: The Rise of Tech Accountability in White-Collar Criminal Enforcement In recent years, prosecutors and regulators in France and across Europe have shown growing interest in the role of digital communication platforms in the preven - tion and detection of criminal activity. This trend marks a profound evolution: digital actors are now expected to display the same degree of co-operation, vigilance, and traceability as financial institutions or corporate entities. At the same time, this new requirement inter - sects with long-standing principles of privacy, secrecy of communications, and technological neutrality, rais - ing important legal and constitutional questions. Judicial authorities now interpret the alleged failures to co-operate or systemic weaknesses in content moni - toring and data transparency, as potential grounds for criminal proceedings – a development that reshapes the balance between innovation, privacy, and enforce - ment. Cases such as Telegram and, more recently, X (for - merly Twitter), illustrate a new phase in corporate and technological criminal enforcement, where platforms are scrutinised not only as intermediaries but also as potential participants in the broader ecosystem of criminal activity. This evolution reflects a structural change in criminal policy: technological intermediaries are now expected to demonstrate the same level of co-operation, vigi - lance, and traceability as financial institutions or mul - tinational corporations.
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